Extending Tier 2 ICT from UK & Cooling Off

[ankjain]

Hello Friends,
I am in a desperate situation which can be make or break for my career.
I currently have ICT Long Term Tier 2 Visa Valid from : 23-Aug-2012 to 22-Sep-2015.
Now, my employer has given me offer to move to London. But they are apprehensive about cooling off period.
Q1: As per my understanding if I am applying for re-issue of Visa '[b]from UK itself[/b]' then I wont have to suffer 12 month cooling off period. And I would get extension of again 3Yr 1Mth i.e. from 23-Sep-2015 to 22-Oct-2018. Is that correct?

Q2: When my total stay is 5 yrs i.e. from 23-Aug-12 + 5Yrs = 23-Aug-17 they will check my salary.
So, if on 23-Aug-17 my Salary is > GBP152,000 then I can continue staying in UK till 23-Aug-12 + 9Yrs = 23-Aug-21.
And, If on 23-Aug-17 my Salary is < GBP152,000 then I have to leave UK for 12 months before applying for new Visa. Is that correct?

Q3: Is there a way to avoid leaving UK for 12 months when I couldn't meet salary criteria. Can I ask my employer to switch to tier 2 (General) to avoid cooling off? Is there any other option?


Many Many Thanks
Kind Regards

[ankjain]

Hi,
I would like to simplify my question (and update in view of latest March 2014 changes):
1) Can I apply for extension of Tier2 ICT Long Term Visa from UK itself without the need for 12M cooling off period?
2) If Yes, my extension would be for 3 / 5 / 9 years ? and when does Total Salary > GBP 153, 500 comes into picture?
3) Does the maximum stay on Tier2 ICT Long Term Visa stays at total 5 year?

Many Many Thanks for any reply!

[vishpb35]

Hi,
I would like to simplify my question (and update in view of latest March 2014 changes):
1) Can I apply for extension of Tier2 ICT Long Term Visa from UK itself without the need for 12M cooling off period?

Yes, you can extend Tier 2 ICT while being in UK itself, Your sponsor has to support that application. As you already have initial visa for 3 years. You will be provided ICT extension visa for further 2 years

Is there a way to avoid leaving UK for 12 months when I couldn't meet salary criteria. Can I ask my employer to switch to tier 2 (General) to avoid cooling off? Is there any other option?

No, you have to go back to your country and can apply for short term visa immediately and come back and stay for further 12 months. (Again that should be sponsored by employer).. and No, you cannot switch to Tier 2 general because you got your first Tier2 ICT post in Sept/Oct 2012 . (See this link if it shows up - http://www.immigrationboards.com/uk-tie ... 40860.html