Cooling Off period to chnage from Tier 2 ICT to General

[Santha]

Hi All,

Can anyone let me know the cool off time period for shifting from Tier 2 ICT to Tier 2 General.

My husband got his Tier 2 ICT after april 2010 so as per my understanding he needs to go back to his country if someone is ready to sponcer him a visa.Am i right?
Is there any cool off period to change from Tier 2 ICT to Tier 2 General.

Thanks & Regards,
Santha

[afshock]

Hi All,

Can anyone let me know the cool off time period for shifting from Tier 2 ICT to Tier 2 General.

My husband got his Tier 2 ICT after april 2010 so as per my understanding he needs to go back to his country if someone is ready to sponcer him a visa.Am i right? yes
Is there any cool off period to change from Tier 2 ICT to Tier 2 General. yes - 1 year

Thanks & Regards,
Santha

[manci]

Hi All,

Can anyone let me know the cool off time period for shifting from Tier 2 ICT to Tier 2 General.

My husband got his Tier 2 ICT after april 2010 so as per my understanding he needs to go back to his country if someone is ready to sponcer him a visa.Am i right?
If his first T2 ICT visa was Established Staff (under the rules 6 April 2010 - 5 April 2011) then he can switch in-country
Is there any cool off period to change from Tier 2 ICT to Tier 2 General.

Thanks & Regards,
Santha

[Santha]

Hi All,

Thanks for the quick reply.

Yes Manci his first visa was 'Tier 2 ICT established staff' issues in 29 JUn 2010.

Regards,
Santha

[Lazarde]

Hi there I applied for a Tier 2 ICT visa short term last year April I went to the UK in September last year and returned in December I just wanted to know do I have to wait 12 months before I can apply for a new visa Tier 2 ICT long term?

Thank you!

[manci]

@Lazarde
there is no cooling-off in your case as your last leave was T2 ICT STS and you will be applying as T2 ICT LTS.
Immigration Rule 245GB(e) refers.

[Santha]

Hi Manci,

Have another question.
In case if i get a visa sponcered from my company,can i switch from Tier 2 ICT established staff dependent visa to Tier 2 general staying in UK itself or do i need to go back and serve some cooling off period.I came to UK on Nov 2012 in Tier 2 ICT established staff dependent visa.

Thanks & Regards,
Santha

[manci]

@Santha
you need to apply from home country with a restricted CoS but there is no cooling-off

[Santha]

Thanks for the qucik reply Manci..

Regards,
Santha

[arts99]

@Santha

you need to apply from home country with a restricted CoS but there is no cooling-off

The cooling off rule will be applicable to all who came under Tier 2 ICT or General after April 2011. Is that interpretation correct Manci?

Thank you

[manci]

@arts99
no, that is not correct.
The cooling off rule for T2G entry clearance applications is 245HB(g):
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[arts99]

@arts99
no, that is not correct.
The cooling off rule for T2G entry clearance applications is 245HB(g):
https://www.gov.uk/government/uploads/s ... MASTER.pdf

Thank you manci, Yes maybe I shall have said it will be applicable to almost all because 245HB(g) states:

"245HB(g) 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 £153,500 or higher."

The number of people earning over £150k is likely to be very low.

Thank you