Tier 2 ICT short term to Tier 2 general

[Thrilokh]

Hi, I am currently on a tier 2 short term inter company transfer visa, visa period was jan to march 2015 and I will go back to India next week. My employer is ready to offer a peremanant role here in UK. once I go back to India would I be able to apply for tier 2 general or should I come back as tier 2 ICT long term. Considering that I would get COS in next 2 months.

Immediate response would help me.

[t2ict]

For changing over to Tier 2 ICT Long-term visa, you could do only with the employer who've sponsored your Tier 2 ICT short-term visa and that requires new CoS and above £41,600 annual salary and no cooling period applies. In case, with new employer then 12 month cooling-off period applies.

For changing over to Tier 2 General, you could do either with the same employer or new employer, but ONLY after 12 months cooling-off period.

[Thrilokh]

Which means in my case employer wants to join asap. They should take Tier 2 long term option.
Secondly does employer manipulate the offer to match 41k requirement our will I really get 41k if offered

[t2ict]

You should be paid above £41600 annual salary for Tier 2 ICT Long term visa. If there're any malpractices found out by home office, then your employer license will get revoked and also your visa will become invalid and that'll be a very risky situation.

[Thrilokh]

Since i stayed in UK for only 2 months and have returned to India. If i have to apply for a Tier 2 General, is there a relaxation in the colling off period to 2 months.

[manci]

there will indeed be a relaxation of the cooling-off rules from 6 April:

Immigration rule 245GB(d) (for T2 ICT) will read:
“Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, 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 paragraph (e) below applies.the applicant”.

245HB(g) (for T2G)will read:
“Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was three months or less, 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: ”.

This means that you will be able to return to the UK without cooling off in any category for which you have a CoS: T2G, T2 ICT ST, T2 ICT LT