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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13239
Experience:  Solicitor
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Customer Question

Hi,


I am Shoubhik Ghosh, employee of Infosys, working at apple office, London, UK. My Home country is India. I have UK Tier 2 (ICT - Long Term Staff) Visa which will expire on 1 Nov, 2013. Can you please let me know the proces on the following 1>Can I able to extend my present visa 2>Can I be allowed to leave the present company and join a new Company under my Visa 3>Can I able to change my existing visa to UK Tier2 general Visa


Thanks, Shoubhik

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. When were you granted your initial Visa? How long have you been in the UK?
Customer: replied 1 year ago.

Hi Please have the details below,


 


Start date of my visa: 02 November 2011


Length of Stay in UK Till Now: 1 yr 1 month


 


Thanks,


Shoubhik


 

Expert:  Senior Partner replied 1 year ago.
Thanks in that case you were granted leave under the post April 2011 rules and accordingly you may apply to extend your existing visa for periods until you qualify for settlement but you cannot apply to change your employer or switch categories. You can only get a certificate of sponsorship is you have been employed for 12 months by the employer which makes it impossible now to switch in the long term category and you are not permitted to switch categories - you would have to leave and reapply.
Customer: replied 1 year ago.

Hi,


 


Thanks for your reply.


So for extension purpose, How do I know whats is the period of qualify for settlement,


 


What would be the time period, If I go for extension.


 


Regards,


Shoubhik


 

Expert:  Senior Partner replied 1 year ago.
Sorry I may have misled you having checked the rules if you came here post April 2011 then the longest period you can remain is 3 years ( and 14 days) and then you are required to leave. You can no longer apply fro settlement in the intra company transfer category if you came post April 2011.
Customer: replied 1 year ago.

I am slightly confused on that. I have got visa for 2 years, which will be end at 1st Nov, 2013.


So as per you I can still go for visa extension of another year and then I need to go back on 2014. Is that correct?


 


Regards,


Shoubhik


 

Expert:  Senior Partner replied 1 year ago.
Yes if your employer agrees. Your initial permission should have been for the term of your appointment plus 14 days, your sponsor ( employer) can sponsor you further to extend it up to a maximum of three years. Then you need to go home and if you wish to return make a further application from home.

It is of course possible the rules will change yet again before then but it is not possible to predict.
Customer: replied 1 year ago.

As per your comment


"your sponsor ( employer) can sponsor you further to extend it up to a maximum of three years."


 


Are you talking about extension of another 3 years after 2013


 


or you are talking about extension of another 1 years after 2013 which will make my total stay in UK to 3 years (counting existing period)


 


Regards,


Shoubhik


 

Expert:  Senior Partner replied 1 year ago.
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