At present, individuals who entered the United Kingdom under the Tier 2 (Intra-company Transfer) (ICT) category and whose employer may wish them to stay long term can leave the United Kingdom and apply for a visa under the Tier 2 (General) category in order to return to the United Kingdom in the same position. From April 6 2012 these individuals will be unable to return under the Tier 2 (General) category until 12 months after their current permission to stay in the United Kingdom has expired.
The rules will see the introduction of a new 12-month exclusion period from the United Kingdom, which will be applied retrospectively to all Tier 2 migrants. The further practical effects are as follows:
- If a visa or resident permit expires while an individual is abroad, he or she will be unable to return to the United Kingdom until 12 months have elapsed from the date of expiry of the previous permission to stay in the United Kingdom.
- The 12-month exclusion period will affect ICT migrants who initially entered the United Kingdom after April 6 2011and who are in the process of changing employers. All visa applications will be refused until 12 months have elapsed from the date of expiry of the person's current permission to stay in the United Kingdom.
- Employers will be unable to sponsor an individual from abroad under Tier 2 (General) if the individual has previously worked in the United Kingdom in any Tier 2 category until 12 months have elapsed from the expiry date of the individual's previous permission to stay in the United Kingdom.
For further information on this topic please contact Ilda De Sousa at Kingsley Napley by telephone (+44 20 7814 1200), fax (+44 20 7490 2288) or email ([email protected]). The Kingsley Napley website can be accessed at www.kingsleynapley.co.uk.