Tier-2 ICT Short Term Skills Transfer Visa to Tier-2 General

[mal_pra007]

I have been working in UK for past 1 months on tier-2 ICT short term skill transfer(valid up to 6 months) visa. My present visa is valid till Feb 2015. There is a vacancy for my technology here in UK and the employer is ready to sponsor my visa.

My questions are:

1. Is it legally possible to move to tier-2 general from tier-2 ICT short term Skill Transfer visa?

2. Am I allowed to switch to a new job from a new company on Tier-2 visa without going through 1 year cooling off period.

Appreciate quick response.

Thanks

[keerthivasan1987]

Hi,

I think and believe that you will not be able to transfer to Tier 2 General as far as I am aware. Have a look at the links provided below as a reference.

Page 38 on
https://www.gov.uk/government/uploads/s ... MASTER.pdf

https://www.gov.uk/tier-2-general/switch-to-this-visa

In the second link, it will say Tier 2 ICT Established Staff can apply, but I think you do not belong to this category since it was there in place before 6th June 2011 (I guess.)

All the best anyway.

Regards.

[mal_pra007]

Hello Keerthi,
I have read through page 38 of the below link

https://www.gov.uk/government/uploads/s ... MASTER.pdf

it mentions about rules before 2010, i am not 100% sure about this. Request you to kindly clarify.

Regards,
PK

[mal_pra007]

Hello there,
Request you to kindly reply to my query.

Manci,
Kindly reply

[manci]

I have been working in UK for past 1 months on tier-2 ICT short term skill transfer(valid up to 6 months) visa. My present visa is valid till Feb 2015. There is a vacancy for my technology here in UK and the employer is ready to sponsor my visa.

My questions are:

1. Is it legally possible to move to tier-2 general from tier-2 ICT short term Skill Transfer visa?
only by applying for entry clearance from home country
2. Am I allowed to switch to a new job from a new company on Tier-2 visa without going through 1 year cooling off period.
no, unless your salary will be £153.5k or above
Appreciate quick response.

Thanks

[mal_pra007]

Hello Manci,
Thanks for prompt response.

So, if I understand your response correctly,

1. I cannot move Tier-2(General) from Tier-2(ICT- Short Term Skill Transfer) visa, whist I am in UK.
is this correct?

2. Once I go back to my home country, after 12 months cooling period, I can apply for Tier-2(General). Is this correct?

Sorry for the silly questions, but I just wanted to make sure that i understood your answers 100% correct.

Thanks,
PK

[manci]

@mal_pra007
yes to both

[mal_pra007]

Thanks a lot Manci.

[mal_pra007]

Hello Dear Experts/Manci,
Please read my situation above and respond.

Please refer page 130 in the below link

https://www.gov.uk/government/uploads/s ... 4_v1_1.pdf

It is mentioned like below

39.32 The cooling off period does not apply where the migrant is:
a) in the UK and applying for an extension to their existing leave
b) in the UK and is making a change of employment application
c) applying as a high earner – someone whose gross salary package accepted for a Tier 2 application is £153,500 or higher
d) applying under the Tier 2 (ICT- Long-Term Staff) route and their last grant of Tier 2 leave was as an intra-company transfer
migrant under the rules in place before 6 April 2011, or in one of the following intra-company transfer categories:
 Skills Transfer
 Graduate Trainee
 Short-Term Staff.

Since, i am already in UK on Tier 2 - ICT(Skills Transfer) visa, i can apply for a new job and cooling off period does not seem to be applicable for me. Kindly clarify if my understanding is correct.

Regards,
PK

[manci]

mal_pra007
you cannot switch from T2 ICT Skills Transfer visa to T2G in-country. Read para 15 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _08-14.pdf