Tier 2 ICT (long term) transfer to Tier 5 working holiday

Hi there,

I have a question if you can please assist. I currently hold a Tier 2 Intra Company Transfer visa (long-term); the visa was issued in 2013 and expires in 2015 (2 year visa). However, because of the 12 months cooling off period and other restrictions to the visa, I am thinking of exiting out of this visa and applying for the Tier 5 Working Holiday visa which I qualify for. I am currently working in the UK and my thought is that I may have to quit my job, go back to my home country to apply for the Tier 5 working Holiday visa before I hit the age restriction (before I turn 31). My question is - because I currently hold a Tier 2 ICT long-term visa, are there restrictions on whether I can quit my job, go back to my home country and apply for the Tier 5 visa right away (1 week or 2 week turn around)? I read the restrictions on applying for Tier 5 and no where does it indicate that holding a Tier 2 visa will prevent me from qualifying for a Tier 5 as long as I meet the qualifications (apply before I turn 31, sufficient funds in the bank & have never held a working holiday visa in the past). Can you please advise?

Also, will there be reasons that the application for Tier 5 would be rejected given my current holding of Tier 2 ICT at the moment?

Further, how do I return my current Tier 2 ICT visa as I assume I cannot hold both visa at the same time? If it's still on my passport and when I apply for the Tier 5, would the immigration office then take away the Tier 2 ICT and replace it with the Tier 5 visa?

In addition, I was thinking that because I can be on the Tier 5 working holiday visa for 2 years, after the 2 years is up, my cooling off period of 12, which I'm currently subject to under the Tier 2 ICT would also be over - in which case, I can then apply for other jobs under General T2 visa after the Tier 5 working holidays visa is up. I understand that I need to leave the country right after the 2 years but I believe it does not prevent me from applying for other jobs under the General T2. Thus, I should be able to apply for permanent jobs just before the 2 years (under Tier 5 visa) is up, return to my home country, apply for the Tier 2 General visa right away (if I have a job offer and CoS lined up) and come back to the UK and continue to work. Please advise whether my understanding is correct and whether my plan is in accordance with the law and feasible.

Your help on these matters will be greatly appreciated.

Regards,
Sunflower

What you are suggesting can be done. There is no legal barriers to the process and the rules and guidance suggest what you intend to do is within the law.
The main point of concern is the cooling off period, the rules simply state that you cannot reapply for a tier 2 visa for 12 months.
As you would be on a tier 5 visa then problem solved.

Applying for your tier 5 will cancel the tier 2 visa, there is no need to "hand it back"

Hi Frontier Mole,

Thank you so much for your response. I also became aware that there are limited Tier 5 Working holiday visas allocated to each country (for which this visa is available to). I am Canadian and hold a Canadian passport. Do you know if there is any way to check how many visas are still available or whether they have already reached the capacity?

Also, based on my previous post and my plan, would you recommend that I go ahead with the proposed plan?

Your response is much appreciated.

Regards,
Sunflower

There is a limit on certain countries that is meaningful - e.g Taiwan only have a 1000 per year. They were used up in days when Taiwan joined the scheme.
Canada does not have a meaningful limit and you will not get refused because there are no more places left. There is no official published figures or information available unless you ask under the Freedom of Information act, which takes 40 days to get a reply.
Your idea ticks all the boxes and should work. Can I recommend you doing it - there is very little in the way of a sure bet in immigration and you have to be comfortable with the risks involved.
If this is all part of a grand plan to make the UK your home it is a long route your taking. If it is just to stay for a couple more years that is fine.

Dear Frontier Mole,

Thank you so much for your response. Thanks for letting me know that my plan should work. You had mentioned that if I wanted to make the Uk my home this would be a long route. Would you be able to recommend or think of other shorter routes then? I don't plan to go back to study.

Much thanks,
Sunflower

Hi Sunflower,

Hoping your still online as your post was from a long time ago. I'm in exactly the same position as you so I was wondering how it all went?

azzawor wrote: ↑

Mon Nov 27, 2017 11:58 am

Hi Sunflower,

Hoping your still online as your post was from a long time ago. I'm in exactly the same position as you so I was wondering how it all went?

The user has not bee online since October 2014 and never provided an update. Kindly start your own topic with your circumstances and questions rather than digging up 3 year old threads.