Switch into Tier 1 from Tier 2 ICT

[dlewis]

Hey guys,

I need some help to understand if Tier 1 is applicable for me.

I'm currently in the UK on a Tier 2 ICT Long Term Staff visa. The visa was granted on 15th Sept 2011 and I entered UK on 20th Sept 2011. The visa is valid till 2014

I'm planning to switch jobs and have a few job offers.
I'm trying to work out the best visa category to apply under.

I was initially under the impression that the Tier 1 category is closed.
However, the UKBA eligibility page mentions that its still open for the following categories:

• 1] highly skilled migrant
  2] writer, composer or artist
  3] self-employed lawyer
  4] Tier 1 (General)
  5] Highly Skilled Migrant Programme (HSMP), if you are eligible to switch into Tier 1 (General).

I understand that the HSMP programme is closed.
But what is the difference between point 1 and point 5?
Does "highly skilled migrant" for point 1 mean a Tier 2 migrant?

I meet the other Tier 1 requirements but I want to be sure before applying.

Thanks in advance,
Regards,
Deepak

[geriatrix]

HSMP closed in 2008 for new applicants.
Tier 1 (General) closed in 2011 for new applicants.
Only existing HSMP / Tier 1 (General) migrants can apply to extend their stay in the UK under Tier 1 (General).

[dlewis]

Hi sushdmehta,

Thanks for the quick reply.

Is it possible to switch to Tier 2 or reapply to Tier 2 General?

The sponsoring company has asked opinions from a few different immigration firms and each one has given a different answer.
My current understanding is that I cannot switch from Tier 2 ICT to Tier 2 General from within the UK.
However, I can re-apply from outside UK and the cooling-off period will not be applicable.

Is there a way to check these details with UK BA directly?

Thanks,
Deepak.

[geriatrix]

A Tier 2 migrant in UK as a Tier 2 (ICT) Long term staff cannot switch (i.e. - make a leave to remain application from within UK) to Tier 2 (General) (245HD(c)).
A Tier 2 migrant in the UK as a Tier 2 (ICT) Long term staff will be subject to 245HB(g) when making an entry clearance application (from outside the UK) as a Tier 2 (General) migrant. In simple words, cooling-off period applies.

[dlewis]

Thanks again.

Looks like I'm running out of options.
I don't think the sponsoring company will wait for 12 months.

Is there any other way I can get a work visa without waiting for the 12-month cooling off period?