Tier 2 ICT to Tier 2 General Migration

[DeeJay159]

Greetings ---

I am currently on Tier 2 ICT visa in the UK and need to be in the high-earner category of £159,600 to exempt my cooling-off period of 12 months with the new employer.

I have received a job offer from a company in the UK but they are not paying the high-earner threshold, however to honor the cooling-off period, the potential employer is ready for me to visit India for a period of 12 months and work for them from India and then after I have completed 12 months with them in India, they will apply for my Tier - 2 General.

Question that I have is as follows:
a. Once I have spent more than 12 months with this new employer in India, would the new employer be eligible to sponsor my Tier 2 General or would they be limited to only sponsor Tier 2 ICT ?
b. Also, during my cooling-off period, if I travel to the UK on a business visa for meetings, etc. ; would that time that I would spend in the UK, will that be discounted from 12 months cool-off or the business visit travel to the UK is not counted against the cool-off

please suggest...!

[sachinis100]

a. Once I have spent more than 12 months with this new employer in India, would the new employer be eligible to sponsor my Tier 2 General or would they be limited to only sponsor Tier 2 ICT ?

If your employer got Tier 2 General Sponsor license then they can sponsor you after serving 12 months cooling off period.

b. Also, during my cooling-off period, if I travel to the UK on a business visa for meetings, etc. ; would that time that I would spend in the UK, will that be discounted from 12 months cool-off or the business visit travel to the UK is not counted against the cool-off

you can visit on business visa but i think so it will reset your cooling off period again, Please check with senior members

[CR001]

Does your UK employer have a proper head office or office in India or is it a "work remotely from home" type of arrangement?

[DeeJay159]

No, the potential employer does not have an office in India so far. They are in the process of opening an office in India but for now it'll be "work from home" arrangement until they open the entity in India and also the office

[CR001]

I don't think your plan to will work then.