Tier 2 ICT Long Term to To Tier 2 Gen - special case help!

[TWLondon]

Hi all - hope someone here can help.

I am currently on a Tier 2 ICT Long Term visa. I have been offered a job by a new employer. I assume I will need to get a new Tier 2 General visa via that employer.

The details of my visas and dates of issuance are below. (FYI - I know I am not currently eligible for ILR due to the fact that my initial Work Permit was in the subcategory of "Multiple Entry".)

The challenge seems to be that my original Tier 2 ICT Visa was issued 8 December 2010. That is after the cut off under the old rules in April 2010, but also BEFORE the April 2011 rule change that meant ICT Visas are only available for 5 years.

Thus, my questions:

1. Can I switch, in the UK, to a Tier 2 General Visa?
2. Am I subject to the 12-month cooling off period?
3. If my new job pays me more than 152,100 pounds, does that help? Can I switch in the UK and not have to be subject to the cooling off period?

This has been challenging to get an answer to as the published literature I have found so far all references Tier 2 ICT visas issued AFTER April 2011 being available for switch to Tier 2 General whilst in the UK and to being exempt from the 12-month cooling off period. But I can't find anything regarding Tier 2 ICT visas issued between April 2010 and April 2011!

Please help!

Current Visa:
Tier 2 ICT (intracompany transfer) Long Term
Issued on 3/12/2013
Valid until 01/02/2017

Prior Visa:
Tier 2 ICT
Issued on 08/12/2010
Valid until 06/01/2014

First Visa:
Work Permit (Multiple Entry)
Issued on 12/12/2008
Valid until 12/12/2010

[manci]

1. yes
2. no

you will find all information in the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... idance.pdf

the visa issued on 8 Dec 2010 was in the T2 ICT Established Staff category (check your passport or BRP)

btw - are you sue that your work permit was a MEWP? If so MULTIPLE ENTRY would have been shown at the top left of the actual work permit.

[TWLondon]

Maci -

Many thanks - so helpful.

A few quick questions:

1. You suggest that my 2010 Tier 2 ICT visa would be in the sub category of "Established Staff". That certainly would make sense (and provide some relief to me!). I did look at the visa in my passport - it doesn't indicate "Established Staff" anywhere on it. It simply says "Tier 2 INtr Comp Migr". Entries are notes as "MULT". Could it be that they just didn't write the sub cat on the visa?

2. If it is, I assume then you are suggesting that since my first entry on a Tier 1 ICT was under the Establish Staff sub cat, then all of those rules apply to me. That "trumps" the fact that my current ICT status is "Long Term" (which the policy guidance clearly states is not eligible for Tier 2 General switching)?

3. Yes, sadly my initial Work Permit clearly states "MULT" on the document.

Thank you again!

[manci]

Yes, sadly my initial Work Permit clearly states "MULT" on the document.

on the actual work permit document (which is a single A4 sheet) or only in your passport?

[TWLondon]

In my passport. I'll be honest in that I don't think I still had the A4 paper. Perhaps there is a way to check otherwise ?

Any thoughts on my other questions? Thank you very much!!

[manci]

You suggest that my 2010 Tier 2 ICT visa would be in the sub category of "Established Staff". That certainly would make sense (and provide some relief to me!). I did look at the visa in my passport - it doesn't indicate "Established Staff" anywhere on it. It simply says "Tier 2 INtr Comp Migr".

This passport stamp suggest that you applied for this visa before 6 April 2010 but that would also make you eligible to switch to T2G in-country.

The chances are that you did not have a MEWP (very few people did) and if that is the case you may well be eligible for ILR now (the MULT on the passport stamp is not an indication of the type of work permit you had). Your employer or his lawyers who processed your work permit will have a copy.

[TWLondon]

Just did find the original A4 Work Permit. It clearly states "Multiple Entry" in a box on the document. I assume that means then that ILR is not possible right now.

Manci - given that is the case, would you be able to provide any thoughts as to my previous questions? You've been so helpful thus far... thank you!

[manci]

answers to your previous questions have already been provided