# Switching TIER 2 ICT Long Term Staff Partner to Tier 2 General



## brassfid (Jan 24, 2012)

Hello, I have been reading as much as I can on this subject, but it is still a bit confusing. There is a lot of requirements for my partner who is sponsored, but I can't quite understand if I can get on a Visa myself. 

Situation:

My partner is sponsored through their work, but we don't like that our years in Britain are not counted towards ILR. We know we would have to leave for a year and come back to get a better visa, and would like to not stop our residency in the UK. I would therefore like to be sponsored myself. 

I am on a 'TIER 2 ICT LONG TERM STAFF PARTNER' Visa in the UK. Valid from 26/12/11. 

I would like to be on a 'TIER 2 GENERAL'

The company I work for is willing to review the requirements. But before we begin this process it would be good to know if it is possible. Can my current company sponsor me for a job I already have with them? Do they need to create a new job and for me to apply for that? Can I even get this transfer? The job I have is less than £80,000/yr. 

Thanks!


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## Joppa (Sep 7, 2009)

The major problem you face is unless your job is covered by shortage occupations list, your employer has to pass the resident labour market test (RLMT), meaning it has to be advertised for at lest 28 days and they have to show there are no suitably qualified local applicants (who don't need a visa). The rule is quite strict and they can't screw the job and person specs in such a way that practically only you qualify for the post.


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## brassfid (Jan 24, 2012)

Joppa said:


> The major problem you face is unless your job is covered by shortage occupations list, your employer has to pass the resident labour market test (RLMT), meaning it has to be advertised for at lest 28 days and they have to show there are no suitably qualified local applicants (who don't need a visa). The rule is quite strict and they can't screw the job and person specs in such a way that practically only you qualify for the post.


But.... if they do advertise, can it be the job I have now, or does it have to be a completely new job?


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## Joppa (Sep 7, 2009)

It can be the same job, but you will have to finish your job and can only be considered if they can't find anyone else.


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## brassfid (Jan 24, 2012)

Joppa said:


> It can be the same job, but you will have to finish your job and can only be considered if they can't find anyone else.


So what you are saying is:

1. I have to leave my job and the UK
2. My company has to post the job for 28 days and prove out I am the only person that can do the job
3. Once proven I have to go through the Visa Process (up to 6 weeks)
4. Something can still go wrong

So I might be out of my work for 6 weeks plus 28 days, not getting a pay check, and still might not get a Visa?

ORRRRRR

1. I continue working in my job, the post the job up and interview candidates, prove out that I am the only one that can do it. 
2. I go back to the states and apply for the Visa
3. Everything goes smoothly and I come back in a few weeks with a Tier 2 General

(Preferable stream...)


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## AmyD (Jan 12, 2013)

The second batch of options is so obviously perfunctory though, can't you see that? That your company would have you in the job while interviewing people... and it just so happens that not one out of 500 million people - about the number of citizens in the EU - could actually do it. 

While it may be the preferable option, I do not believe it would fly at all.


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## lovestravel (Apr 9, 2012)

I may be wrong but I thought tier 2 general didn't count toward settlement either? My husband is on tier 2 ict and thinking about switching employers or visa category and have been told by the immigration attorney that if the job pay more than £152,800 per year then a resident market test is not required nor is a twelve month cooling off period.


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## brassfid (Jan 24, 2012)

Hmmmmm.... I thought the tier 2 general did count towards ILR


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## lovestravel (Apr 9, 2012)

I think they changed it. If you started this visa before a certain date (it was either 2010 or 2012) it does count. Anything after that I don't think counts. You can stay up to 5 years for salary under £152,800 and up to 9 years for salary above this amount but I don't think any new tier 2 visas count toward settlement. I think only tier 1 can count toward it seems it is such a narrow category it is difficult to qualify for. Tier 1 is what my husbands current employer and the company he is interviewing with want hi to get but it seems like a stretch since the tier 1 general category is now closed.


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## brassfid (Jan 24, 2012)

AmyD said:


> The second batch of options is so obviously perfunctory though, can't you see that? That your company would have you in the job while interviewing people... and it just so happens that not one out of 500 million people - about the number of citizens in the EU - could actually do it.
> 
> While it may be the preferable option, I do not believe it would fly at all.


Right, I obviously wrote that too quickly; there are plenty of people within that 500 million that could do my job; but not many that want to live in london, have my general skill set, looking for a job, are not retired, are not still in school, have my general experience and history, happen to know about the vacancy and are a right fit for the company. I am not that arrogant to think I am the only one! However, I do think that we could probably pass the RLMT within 28 days. 

In defense of me staying with the company in those 28 days: The company has a vested interest in keeping me on, and making sure the right situation is in place to have me stay with the company long term. They want to prove out to the home office that in fact, were they to do this hiring all over, I would be the one that they would have chosen. There might have to be some very specific rules, including me signing a contract saying if they came across a better candidate for the job I would be willing to hand in my notice... or something? 

The situation is a bit rotten, I am merely trying to explore my options, to stay in a country I love and in a job I enjoy, while affording my wife the opportunity to explore her opportunities without having to go back to the states. (Did I mention we also have a child born in the UK... don't think that matters these days, but we would love him to grow up in Britain.)

I suppose my question is mainly: Do I have to leave my job for the RLMT to be accepted?


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## brassfid (Jan 24, 2012)

lovestravel said:


> I think they changed it. If you started this visa before a certain date (it was either 2010 or 2012) it does count. Anything after that I don't think counts. You can stay up to 5 years for salary under £152,800 and up to 9 years for salary above this amount but I don't think any new tier 2 visas count toward settlement. I think only tier 1 can count toward it seems it is such a narrow category it is difficult to qualify for. Tier 1 is what my husbands current employer and the company he is interviewing with want hi to get but it seems like a stretch since the tier 1 general category is now closed.


Well, I am almost positive that Tier 2 General does count towards ILR... though the UK often updates its sites quite late:

https://contact-ukba.homeoffice.gov.uk/visas-immigration/working/tier1/general/settlement/


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## brassfid (Jan 24, 2012)

brassfid said:


> Well, I am almost positive that Tier 2 General does count towards ILR... though the UK often updates its sites quite late:
> 
> https://contact-ukba.homeoffice.gov.uk/visas-immigration/working/tier1/general/settlement/


https://contact-ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/settlement/


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## Joppa (Sep 7, 2009)

Tier 2 General can lead to settlement after 5 years.


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## Joppa (Sep 7, 2009)

brassfid said:


> Right, I obviously wrote that too quickly; there are plenty of people within that 500 million that could do my job; but not many that want to live in london, have my general skill set, looking for a job, are not retired, are not still in school, have my general experience and history, happen to know about the vacancy and are a right fit for the company. I am not that arrogant to think I am the only one! However, I do think that we could probably pass the RLMT within 28 days.
> 
> In defense of me staying with the company in those 28 days: The company has a vested interest in keeping me on, and making sure the right situation is in place to have me stay with the company long term. They want to prove out to the home office that in fact, were they to do this hiring all over, I would be the one that they would have chosen. There might have to be some very specific rules, including me signing a contract saying if they came across a better candidate for the job I would be willing to hand in my notice... or something?
> 
> ...


RLMT can't be rigged. Job specification can only be fairly general, and anyone who meets it who doesn't require a visa should be offered the job first. So, for example, they can specify a degree, certain experience in the field and other professional qualification but can't skew the specification so that only you will meet it, for example, completion of a particular task you have just accomplished.


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## brassfid (Jan 24, 2012)

Joppa said:


> RLMT can't be rigged. Job specification can only be fairly general, and anyone who meets it who doesn't require a visa should be offered the job first. So, for example, they can specify a degree, certain experience in the field and other professional qualification but can't skew the specification so that only you will meet it, for example, completion of a particular task you have just accomplished.


Right, totally understood. But I suppose what I am trying to hash out is, would I have to leave my job and reapply? Or could they put the job back out on the market while I am still in it, and then for me to apply for it?

Jobs are put on all the time during redundancies where people have to interview again for the job they are currently in...


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## Joppa (Sep 7, 2009)

That's up to them. If there are other suitable applicants, they are unable to sponsor you for a visa so will probably terminate your contract if they agree to keep you in job for the time being. It's the same as when someone is serving their notice period, when they can start finding their replacement.


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## SHUCHI08 (Jun 12, 2014)

*Swtiich from Tier 2*

Im in a similar situation as brassfid . I want to swtich from Tier 2 Dependent to Tier 2 General as the former doesnt count towards ILR . 

I need to know if has anyone has done this swtiich succesfully? I have been working in UK for years and have found a sponsor who can sponsor my TIer 2 GENERAL VISA. I know that i would have to apply from my home country but just need to know if any one has done this type of swtich before. My spouse will still remain in UK and change his visa after i have switched mine.

Thx


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