T2 ICT (long term) to T2G question

[toad]

Hi,

I have a colleague who was issued T2 ICT long term visa in May 2013 for two years.

My understanding of his situation is that
1. As his visa was issued after Apr 2010, he can only stay in the UK for the maximum of 5 years and those years will not count towards ILR.
2. As his visa was issued after Apr 2011, he cannot switch from T2 ICT long term to T2 General in the UK. He will need to go back to the home country to switch.
3. Once he goes back home, he will have to spend 1 year cooling period from the date he leaves the UK (not from the date of the current visa expiry) to apply for T2 General visa.

Q1. Are these all correct?

However someone has told me that for Long term T2 ICT, as long as you don't spend the full five years in the UK, he can go back to the home country and can apply for T2 General without 1 year cooling period (ie. the 1 year cooling period only applies if he stays full five years in the UK) - this contracts my third point above.

Q2. Who is correct here?

Thanks in advance.

[moonlight55]

Your 3 points are correct. The period of stay in ICT LT visa does not dictate the cooling off period.