Tier 2 ICT Visa Extension

[Wajahatali]

Hi

I have a question regarding Tier 2 ICT Extension.
I am currently on Tier 2 ICT visa within UK and next month it will be 5 years since I got this visa. Out of 5 years, I have stayed and worked for 4 years only. Do I qualify for ICT visa extension again? As per the gov.uk website it states:
" If you’re already in the UK with an Intra-company visa or a Tier 2 (Intra-company Transfer) Long-term Staff visa you can apply to extend your stay as a Senior or Specialist Worker.
The maximum total stay allowed for a Senior and Specialist Worker visa is:
5 years in any 6 year period if you’re paid less than £73,900 a year
9 years in any 10 year period if you’re paid £73,900 a year or more "

I am getting paid less than 73000/year. I also work out of office hours and that takes up my salary to 80k but in my contract my base salary is less than 73000. Can you kindly answer the below questions as I have to request my employer to go for Tier 2 skilled visa instead on ICT or Specialist visa?

1- Can I apply Tier 2 ICT visa again? If yes considering above details how many years of visa will I be eligible for?
2- Do I qualify for Senior and Specialist worker Visa considering I am already on Tier 2 ICT and Its been 5 years since I have been on this visa (although stayed and worked only for 4 years) and my current pay scale?
3- The only option is that I have is to go for skilled Visa which I am interested in and have to request my employer to apply for this visa?

4- Does my ‘out of office’ hours pay count in base salary as it is not stated on my contract.?

Thanks in advance

[manci]

Read the rules, they answer your questions:

SNR 7.2. Salary under these requirements includes only:
(a) guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions); and
(b) allowances which are guaranteed to be paid for the duration of the applicant’s employment in the UK (such as London weighting) or are paid as a mobility premium or to cover the additional cost of living in the UK
SNR 7.4. Salary does not include other pay and benefits, such as any of the following:
(a) flexible working where the nature of the job means that hours fluctuate and pay cannot be guaranteed; or
(b) additional pay such as shift, overtime or bonus pay, whether or not it is guaranteed;
.

3- The only option is that I have is to go for skilled Visa which I am interested in and have to request my employer to apply for this visa?

This is the sensible option if your employer is a registered sponsor of skilled workers. The employer assigns a SW CoS to you and once you have it you apply for the visa.

[Wajahatali]

Hi @manci

Thanks for the update. Do I still qualify for ICT extension (now known as specialist visa) if i already had ICT visa for five years and stayed/worked for 4 years within Uk?

[ywlgy]

SNR 11.3. When calculating the cumulative periods of permission referred to in SNR 11.1., SNR 11.2, and SNR 13.2. the following are included:
(a) all previous periods of permission granted on the Global Business Mobility routes; and
(b) all previous periods of permission granted on the Intra-Company routes; and

It does not matter how long you actually stayed or worked. So you do not qualify.