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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi I am in the UK on Tier 2 since 2008 ( General from 2008

This answer was rated:

Hi

I am in the UK on Tier 2 since 2008 ( General from 2008 to oct 2010 , ICT from oct 2010 to 2012 ). Im in the process of getting the ICT visa for another 2 years.

1> Could you please let me know the process and eligibility to switch to a different employer in the UK on Tier 2 General . Not sure how I can change from ICT to general considering the latest rules of immigration.

2> Am I eligible to apply for ILR in Oct 2013 if I get an extension on ICT or if I switch to Tier 2 General.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

1. To switch to a different employer you will need to inform the UK and obtain a certificate of sponsorship from your new employer. You will then need to submit an application to the UKBA whom will issue you with a visa pertaining to the new employer.

 

2. If you have been on a Tier 2 visa continuously without a break for 5 years and you meet the salary requirement for your current employment, you will be eligible to apply for indefinite leave to remain.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards,

Customer: replied 5 years ago.

Dear Expert


 


Thanks for your response on this. Regards XXXXX XXXXX guideline as below , I have a few doubts / questions. Please could you clarify / advise .


 


You Said - 1. To switch to a different employer you will need to inform the UK? and obtain a certificate of sponsorship from your new employer. You will then need to submit an application to the UKBA whom will issue you with a visa pertaining to the new employer.


 


My doubts - 1> Is this possible as per current UKBA rules ?


2> Will my transition from Tier 2 ICT to Tier 2 General require me to be in my base country? Or can the application be done from inside the UK also. 3> Is it possible for the new company to apply for my COS inspite the fact Im already on a COS with current employer - Do i have to resign before the new company applies for my COS 4> If the new company does not get a COS then will it affect my current job ?


 


There are so many UKBA rules changes recently , its really difficult for me to keep trak of evey immigration rule change.


 


Regards XXXXX XXXXX response on the second point - just to doubly confirm from u - I would like to give you my visa details from 2008


 


Oct 2008 - Oct 2010 : Work permit ( general) Tier 2


Oct 2010 - Oct 2012 : Tier 2 ICT Long term Est Staff


Oct 2012 - Oct 2014 : Currently applying for extension in ICT category.

Thank you for your reply.

 

Please let me clarify:

 

1. It is possible if you are switching to a different employer and are currently on a Tier 2 General Visa, you can switch your employer if your are on Tier 2 ICT if you are on a:

 

  • Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
  • Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor
  •  

    2. You can apply from inside the UK you do not need to be in your home country.

     

    3. Yes a company can apply for a new COS provided they meet the UKBA requirements. You can resign once you have obtained the visa. If the company does not obtain a COS then your employment will not be effected.

     

    My advise to your would be to extend your ICT if your sponsor is willing (which by what you have stated they are) then in Oct 2013 apply for indefinite leave to remain. As long as you have been inside of the UK on a Tier 2 visa for 5 years you can apply for indefinite leave to remain.

     

    I hope this clarifies the issue, if so kindly rate my answer positively.

     

    Kind regards

     

    4.

    Customer: replied 5 years ago.

    Oh Thanks for your response on this. Based on the details I have given you , Im on ICT only from Oct 2010 ( before 2010 Apr - I was on Tier 2 general) Im a bit confused here as you mentioned the below 2 points -


     


  • Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor

  • Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor

  •  


    Point 1 does apply , but Point 2 may not aply for me - Please if you could confirm if I am eligible to change Job in UK. i have already shared with you my Visa details . Thanks & regards.


     

    Thank you for your response.

     

    If you are either a :

     

  • Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
    OR
  • Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor
  •  

    You can switch into a Tier 2 general category.

     

    I hope this clarifies the issue, if so kindly rate my answer positively.

     

    Kind regards

    Customer: replied 5 years ago.
    Thanks for that . I will rate it positively . Regards

    It's a pleasure.

     

    Thank you.

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