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Tier 2 ICT to Tier 2 General Transfer

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

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shahulhamid1999
Newly Registered
Posts: 15
Joined: Tue Jun 02, 2015 12:45 pm

Tier 2 ICT to Tier 2 General Transfer

Post by shahulhamid1999 » Tue Jun 02, 2015 12:50 pm

I am in UK since 16th June 2012 on Long term ICT visa and have valid visa to stay in UK till June 2017. I have been offered a new job by a different sponsor who is ready to apply for Tier 2 General for me but the HR of the new organisation have advised that I need to stay away from UK for a year (cooling off period) before I can apply for Tier 2 General visa either now or after 2017 but can't transfer to Tier 2 general as per the new regulation. Please advise if this is the case.

I entered UK first time in Jan '06 and went back in Mar '11. I changes the company and then came back to UK on Tier 2 ICT on a new visa in June 2012. I have been told that I can't apply for ILR which I can understand but now have been told that I can't even transfer to Tier 2 General.

If I have to stay away from UK for a year (if cooling off period is applicable), then should I stay in India or any other country is fine ? As I have my H1B visa, I can go to US and then come back to UK after a year.

Need your help here

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

Re: Tier 2 ICT to Tier 2 General Transfer

Post by manci » Tue Jun 02, 2015 1:13 pm

shahulhamid1999 wrote:I am in UK since 16th June 2012 on Long term ICT visa and have valid visa to stay in UK till June 2017. I have been offered a new job by a different sponsor who is ready to apply for Tier 2 General for me but the HR of the new organisation have advised that I need to stay away from UK for a year (cooling off period) before I can apply for Tier 2 General visa either now or after 2017 but can't transfer to Tier 2 general as per the new regulation. Please advise if this is the case.
unfortunately this is the case

I entered UK first time in Jan '06 and went back in Mar '11. I changes the company and then came back to UK on Tier 2 ICT on a new visa in June 2012. I have been told that I can't apply for ILR which I can understand but now have been told that I can't even transfer to Tier 2 General.
if you were on work permit Jan 06 - Mar 11 you could have applied for ILR in 2011

If I have to stay away from UK for a year (if cooling off period is applicable), then should I stay in India or any other country is fine ? As I have my H1B visa, I can go to US and then come back to UK after a year.
cooling-off means that you cannot have T2 entry clearance for 12 months after you left the UK after having been there on T2. It doesn't matter where you are during the cooling-off period, you can even visit the UK on a visitor visa.
Need your help here

shahulhamid1999
Newly Registered
Posts: 15
Joined: Tue Jun 02, 2015 12:45 pm

Re: Tier 2 ICT to Tier 2 General Transfer

Post by shahulhamid1999 » Tue Jun 02, 2015 4:19 pm

Thanks for the response.

Yes, I would have applied for ILR in 2011 but I didn't do it assuming I should be able to do it in future but I believe I have missed the boat.

Cooling off period doesn't have be spent in your country ? The requirement is that you can't enter UK for 12 months - Please clarify

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

Re: Tier 2 ICT to Tier 2 General Transfer

Post by manci » Tue Jun 02, 2015 6:58 pm

shahulhamid1999 wrote:Thanks for the response.

Yes, I would have applied for ILR in 2011 but I didn't do it assuming I should be able to do it in future but I believe I have missed the boat.

Cooling off period doesn't have be spent in your country ?
no, it can be spent anywhere

The requirement is that you can't enter UK for 12 months
no such requirement but you cannot apply for T2 entry clearance during the 12 month period

- Please clarify

shahulhamid1999
Newly Registered
Posts: 15
Joined: Tue Jun 02, 2015 12:45 pm

Re: Tier 2 ICT to Tier 2 General Transfer

Post by shahulhamid1999 » Wed Jun 03, 2015 6:05 pm

I have been advised by one of my friend who is in UK that he was on Tier 2 ICT which was issued in 2012 and he went back in 2015 Feb. He got a sponsor for Tier 2 General Restricted category in April which was a fresh application and he is back in UK now.

This is not a T2-ICT to T2-General category but a new T2 application. Please advise if this is true ?

moonlight55
Diamond Member
Posts: 1159
Joined: Wed Feb 23, 2011 1:42 pm

Re: Tier 2 ICT to Tier 2 General Transfer

Post by moonlight55 » Wed Jun 03, 2015 8:15 pm

This is only possible if his salary for the new T2 general job is more than 153,300 GBP. Otherwise, its not true.

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