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Switching from T4 to ICT T2

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Kabeerkhe1
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Posts: 4
Joined: Sun Jun 20, 2021 7:03 pm
India

Switching from T4 to ICT T2

Post by Kabeerkhe1 » Sun Jun 20, 2021 7:22 pm

Hi , I was on ICT Tier 2 visa for last 6 (1+ 5) years and at the end of 6th year (Sep 2020) I have switched to T4 student visa for 1 year (sep 2020- sep 2021).

I am going to finish my full time master degree course (being in UK ) on Sep 2021 . Now I need to apply for ICT T2 visa in Oct 2021 (after 1year gap) will that be possible to apply for ICT T2 visa again ? Is that 1 year being on T4 visa ( and residing in UK) will be considered as serving 1 year cooling off period which is mandatory clause for reapplying Tier 2 ICT visa post 5/6 year ?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switching from T4 to ICT T2

Post by manci » Sun Jun 20, 2021 9:06 pm

There is no longer a cooling-off period. The current rule is:

IC 11.2. If the applicant is not a high earner, the grant of permission must not lead to the applicant being granted cumulative periods of permission in the Intra-Company routes totalling more than 5 years in any 6-year period.

This means that you can have one more year on an ICT visa
Personal opinion, not professional or legal advice

Kabeerkhe1
Newly Registered
Posts: 4
Joined: Sun Jun 20, 2021 7:03 pm
India

Re: Switching from T4 to ICT T2

Post by Kabeerkhe1 » Mon Jun 21, 2021 10:22 am

"There is no longer a cooling-off period. The current rule is:
IC 11.2. If the applicant is not a high earner, the grant of permission must not lead to the applicant being granted cumulative periods of permission in the Intra-Company routes totalling more than 5 years in any 6-year period.
This means that you can have one more year on an ICT visa"

Thanks for clarification. The stated rule says "totalling more than 5 years in any 6-year period" But I have already spent 6 (1+5) years from 2014 to 2020 . Am I still eligible for one more year ?

Also wanted to clarify term "High earner" means over 73,900 ? and below 41,500?

Thanks

Kabeerkhe1
Newly Registered
Posts: 4
Joined: Sun Jun 20, 2021 7:03 pm
India

Re: Switching from T4 to ICT T2

Post by Kabeerkhe1 » Mon Jun 21, 2021 10:47 am

Also , Wanted to clarify on rule that says " The 12 month “cooling off period”, which prevented certain Tier 2 visa holders from returning to the UK after the end of their visas, is being removed. Instead, there will be simplified rules that ICT visa holders cannot have held an ICT visa for longer than 5 years in any 6 year period, or 9 years in any 10 year period if they are a high earner. "

I have held the ICT T2 visa for 1 years (From Sep 2014 - Sep 2015 ) and again 5 Years ( Sep 2015 to Sep 2020) total 6 years. But at the end of 6th Year I have been moved to T4 visa for 1 year (from Sep 2020 to Sep 2021) . Now if apply for ICT T2 visa on Sep 2021 , Am I eligible as per rule which says "ICT visa holders cannot have held an ICT visa for longer than 5 years in any 6 year period" . I have not been holding ICT T2 visa longer that 5 years (Instead I have spent 1 year on T4 visa out of ICT T2 visa) . Does that mean i am eligible to reapply for ICT T2 visa on Oct 2021?

Thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switching from T4 to ICT T2

Post by manci » Mon Jun 21, 2021 1:19 pm

Kabeerkhe1 wrote:
Mon Jun 21, 2021 10:47 am
The stated rule says "totalling more than 5 years in any 6-year period" But I have already spent 6 (1+5) years from 2014 to 2020 . Am I still eligible for one more year ?
The rule is:
IC 11.2. If the applicant is not a high earner, the grant of permission must not lead to the applicant being granted cumulative periods of permission in the Intra-Company routes totalling more than 5 years in any 6-year period.

Your visa history:
Sept 14 - Sept 15 was 1 year on a short term ICT visa
Sept 15 - Sept 20 were 5 years on a long term ICT visa
Sept 20 - Sept 21 is 1 year on a T4 visa

If you get a 1 year ICT visa Sept 21- Sept 22 then counting back 6 years from Sept 22 will take you to Sept 16 and in this 6 year period period you will only have been 5 years on ICT visas.
Kabeerkhe1 wrote:
Mon Jun 21, 2021 10:47 am
Also wanted to clarify term "High earner" means over 73,900?
Yes

Kabeerkhe1
Newly Registered
Posts: 4
Joined: Sun Jun 20, 2021 7:03 pm
India

Re: Switching from T4 to ICT T2

Post by Kabeerkhe1 » Tue Jun 22, 2021 12:12 am

Thanks for clarification . Much appreciated :-)

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