Switch from TIER2 ICT LONG TERM (5 years) to TIER2 DEPENDANT - Cooling Off

Hi,

Every time I read immigration rules around cooling off period I get confused with the text. Can some one please help.

1. Entered UK in Sep 2013 as ICT Short term (1 Year)
2. Switched to ICT Long term (3 years)
3. Leave to remain ICT Long term (2 years)

In total completed 6 years and had to leave the country Aug 2019 due to cooling off period (12 months). In between my spouse got the UK sponcer TIER2 General and came to UK in SEP 2019 as a Dependent of TIER2 GENERAL migrant.

Due to unforseen situation my spouse has been made redundant hence exploring few option to see whether I can switch to any other category (Keeping cooling off period in mind).

I have two options on the table but not sure whether I am eligible to switch

1. TIER2 ICT Long Term switch
2. TIER 2 GENERAL

Immigration rules says that

• a Tier 2 (Intra-Company Transfer) applicant in the Long Term Staff sub-category will be
granted leave up to 5 years. You will not be able to extend your stay beyond 5 years
(or 9 years for any staff earning £120,000 or more) and you will not be able to re-apply
to return to the UK under an Intra-Company Transfer category until 12 months after
your last leave as an Intra-Company Transfer expired or 12 months after you left the
UK, whichever is sooner, unless you will be paid an annual gross salary of £120,000 or
higher or where you were only being sponsored in Tier 2 (as recorded by the
Certificate of Sponsorship), for a period of 3 months or less.

Am I eligibel to switch to Tier 2 (Intra-Company Transfer) as I will be completing 12 month cooling off in SEP 2020?

Are you still working for the same sponsor who sponsored your Tier 2 ICT?

The 12 months cooling off starts from the date you LEFT the UK. You will be required to submit evidence of this, i.e. boarding pass.

Yes. I did not leave UK after compleation of ICT came back as TIER2 GENERAL DEPEDANT

1. 6 Years - Company A (Includes ICT Short Term and ICT Long Term)
2. At present - Company A (TIER2 GENERAL DEPEDANT - My SPOUSE working for Company B)

Did you leave the UK to apply for your tier 2 dependent visa or did you switch to the dependent visa within the UK? It is not clear from your post.

I did not leave UK after compleation of ICT came back as TIER2 GENERAL DEPEDANT

Sorry for the confusion. Yes I had left the country in Aug 2019 and Entered UK in SEP 2019 as TIER2 GENRAL DEPENDANT

Your 12 months cooling off starts from the date you LEFT the UK in August 2019.

Does it mean that in Sep 2020 I can switch to ICT or TIER2 General?

Yes, but you might have to return to your home country and apply from there.

Thank you very much

CR001 wrote: ↑

Thu Aug 06, 2020 9:51 am

Did you leave the UK to apply for your tier 2 dependent visa or did you switch to the dependent visa within the UK? It is not clear from your post.

I did not leave UK after compleation of ICT came back as TIER2 GENERAL DEPEDANT

CR001: Sorry for tagging with my doubt / question. But it doesn't make sense on its own without this background.
If a person switched ICT main to PBS dependent within UK Do you mean the cooling off has not yet begun? Doesn't staying in PBS dependent for 12 months sufficient as cooling?
(You did not say so, but this what i inferred from your question)

SKJ1984 wrote: ↑

Thu Aug 06, 2020 1:22 pm

CR001 wrote: ↑

Thu Aug 06, 2020 9:51 am

Did you leave the UK to apply for your tier 2 dependent visa or did you switch to the dependent visa within the UK? It is not clear from your post.

I did not leave UK after compleation of ICT came back as TIER2 GENERAL DEPEDANT

CR001: Sorry for tagging with my doubt / question. But it doesn't make sense on its own without this background.
If a person switched ICT main to PBS dependent within UK Do you mean the cooling off has not yet begun? Doesn't staying in PBS dependent for 12 months sufficient as cooling?
(You did not say so, but this what i inferred from your question)

You have 'inferred' incorrectly. I never alluded to or implied this. The 12 months cooling off period starts from the date the OP left the UK. They did not switch within the UK so any answer relating to that is irrelevant.

For someone who DID switch to dependent visa within the UK, the 12 month cooling off period starts from the date the dependent visa is granted/valid from.

Thanks CR001.