- What is Tier 2 ICT visa?
The Tier 2 ICT Visa was designed so that companies could reassign their staff to the UK in order for them to continue working in their business but in a different country. Up until 2010 the holders of a Tier 2 ICT Visa were allowed to use their time gained in the UK to put towards their 5-year ILR allowance. Since 2010 the situation has changed and you can no longer gain automatic rights to Indefinite Leave to Remain (ILR) from a Tier 2 ICT Visa.
- Can I apply for Indefinite Leave to Remain (ILR) off of a Tier 2 ICT Visa?
You eligibility to apply for ILR from a Tier 2 ICT Visa will depend upon when you first received it. If it was issued before the 6th of April 2010 then you will be eligible to use the time that you have built up on your Tier 2 ICT Visa to apply for ILR in the UK. If you were issued your Visa after the 6th of April 2010 then you will not be entitled to use the time that you have built up in the UK to go towards ILR.
- My Tier 2 ICT Visa was issued after the 6th of April 2010 and I'm not entitled to use my time in the UK for an ILR application, what are my options?
If you want to remain with your current employer, you will need to accept the fact that you are not going it be able to gain ILR and will have to accept that you will just need to keep extending your visa. If you do choose this route then you need to be aware that you will always be at the mercy of your employer and if they make significant changes to your role then you could end up losing your right to be in the country.
Your other option would be to seek alternative employment with a Tier 2 Sponsor Licence Holder and switch to a Tier 2 General Visa. This is the usual route for those who are stuck in the awkward position of not being able to apply for ILR due to being on a Tier 2 ICT Visa.
Note that due to the 12-month cooling period you are unable to switch as a main applicant to Tier 2 General. However, Tier 2 ICT Dependants are able to switch to a Tier 2 General without having to serve the 12-month cooling period. The Tier 2 ICT main applicant can then become a dependent of the person on the Tier 2 General Visa.
It is worthwhile to know that time on Tier 2 ICT does not count towards ILR so that you can plan and look to transition as soon as possible to start the ILR clock ticking.
- How can I switch from Tier 2 ICT to Tier 2 General visa?
In most cases, switching from Tier 2 ICT to Tier 2 General visa requires a 12-month cooling period which must be served outside the UK (N.B. you do not have to serve the cooling period in your home country; you can seek temporary employment in the EU/US/Canada etc). Please contact us detailing your circumstances to find out more.
The scenario outlined in the previous sections summarises how Tier 2 ICT Dependants are able to switch to a Tier 2 General Visa.
If you are a highly skilled IT professional who is looking for your next venture (Tier 2 visa sponsorship available) do not hesitate to get in touch on consult@mavisas.co.uk
Thanks for reading
Mason