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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I am on a tier 2 ICT VISA. My visa is valid till March

Resolved Question:

Hi,
I am on a tier 2 ICT VISA. My visa is valid till March 2017. If I am made redundant by my employer, how long can I stay in the country for?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. You have 60 days from the date of your redundancy within which to find a new employer to sponsor you. So long as your next visa application is a Tier 2 visa application, the application will stop you being deported, and you can stay until that new visa application is determined. However, if you are changing your visa to a different type of visa, then you have to leave once the 60 days is up, irrespective of whether you have made a new visa application or not. 2. Here, irrespective of the fact your Tier 2 visa runs until March 2017, once you are made redundant, your authorisation to stay in the UK under this Tier 2 visa expires in 60 days after the date of redundancy. In strict point of law, you must update the UK Border Agency after 28 days from the date of redundancy as to whether you are getting a new job or not, which would qualify you for a fresh visa.
Customer: replied 1 year ago.
Thanks Buachaill,
As I am on a Tier 2 ICT -Long term staff migrant issued from April 2012 (and hence valid till March 2017), am I allowed to transfer sponsorship to any other type of tier 2 VISA?
Expert:  Buachaill replied 1 year ago.
3. In order to change employers, you need to make a fresh Tier 2 application. It is not possible to change employers and remain on the same visa. Nor is it possible to change to a different type of Tier 2 visa with the same employer without making a fresh application for a new visa. The rules are pretty restrictive, I regret to say.
Customer: replied 1 year ago.
So does this mean, I have to go out of the country and apply for a fresh Tier 2 General Visa with a new employer? Is there a cooling off as well between this change ( I haven't yet exhausted the 5 years on Tier 2 ICT after which there was the mandated 12 month cooling off). And to reconfirm will I be allowed this change of Tier 2 Visa given that I had Tier 2 ICT issued after April 2011?
Expert:  Buachaill replied 1 year ago.
4. You don't have to go out of the country if you wish to change employers on a different Tier 2. As I stated in my first answer, if you make a fresh Tier 2 visa application, the making of the application means you cannot be deported so you can stay in the country until that new Tier 2 visa application is determined. Secondly, there is no "cooling off" period between Tier 2 visas should you apply for a new employer. Thirdly, you will be allowed to change Tier 2 visas given that you had a Tier 2 ICT issued after April 2011. subsequent visa applications aren't prejudiced by previous visa applications. Each one is determined on its own merits.
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