Tier 2 ICT to Tier 2 General

[muralin]

Dear Members, Can you please kindly help me to understand if I can apply for Tier 2 General without serviving cooling off period considering my Visa. I hold Tier 2 ICT which was issued in March 2011. I understand that I need to go back to India and apply for Tier 2 General Visa once I sorted the Certificate of Sponsership with new employer.

Can you please let me know if I need to serve cooling off period if I want to apply for Tier 2 General from another employer considering my Tier 2 ICT Visa issued in March 2011? Is there any other way if I want to skip Cooling off period like more salary criteria from new employer? Kindly suggest.

Thanks,
MK

[CR001]

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

[muralin]

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

Thank you for your reply. I think I understand that as, I need server cooling off period if I want to apply for Tier 2 General from different Employer as the new rules in 2014 changed the rules for the Visa issued before Apr 2011 also?

Thanks,
Murali

[muralin]

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

Thank you for your reply. I think I understand that as, I need server cooling off period if I want to apply for Tier 2 General from different Employer as the new rules in 2014 changed the rules for the Visa issued before Apr 2011 also?

Thanks,
Murali

[CR001]

For further reference, you should read the immigration rules part 6a as your post is not clear whether the exception in g(ii) applies to you.

https://www.gov.uk/guidance/immigration ... sed-system

For Entry Clearance :

(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:

(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £159,600 per year or higher.

And for in country leave to remain.

(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,
(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

[poper]

As suggested in the earlier post,
Refer to 245HD.c.(i)
You can switch to Tier 2 General in the UK if your visa was issued as Established Staff category.

https://www.gov.uk/guidance/immigration ... sed-system