Switch from Tier ICT Short term staff to Tier 2 General?

[Saad_1236]

Background;
 Currently working in the UK on Tier 2 ICT (Short term staff).
 Current Visa Validity: 13th July'12 to 15th July'13.
 Heading back to India on 28th June'13.
 Any Visa held before to this: NO.

I have a new job offer who will be giving me sponsorship to apply Tier 2 General.
Question:
1. Am I eligible to swap/switch my Visa from Tier 2 ICT short term staff
migrant to Tier 2 General while I am in UK (i.e. before 28th June)?
OR Do I need to go back to Home Country and apply Tier 2 General from
there.

2. Also, is there any cooling period applied for this Switch or in my case
(As this is Change in Sponsor)?

Honestly this opportunity means loads to my career. Please can you give me the proper direction as per UKBA policies?
Many Thanks in Advance.
Saad

[manci]

1. no and yes
2. the only way you can avoid the 12 month cooling-off period would be to remain with your current employer, get a new CoS and apply for entry clearance from India in the T2 ICT Long Term Staff category.

[manci]

This thread is on the wrong forum. Please transer to the Tier 2 forum

[manishd]

Hi Manci,

Thanks for update. I am in same situation as Saad. Few questions on your reply.

1. If visa category is change ( ST to LT) then we can apply so why not for ST to general. Some of my friends told me if visa category is changed then no need to serve cool off period.

2. Can't we change visa category when living in UK?

3. I read on some forum that if someone get job offer more then 1,50,000 pound then no need to go back to his country. Is it true?

Please reply.

[manci]

The rules are as in the reply given to Saad.

The only addition to what was in reply is that no cooling-off applies for T2G entry clearance application if the pay incl. allowances is £152,100 or more.

[Saad_1236]

Thanks very much Manci. You are so prompt and quick in our concern; replies. Really appreciated.

Manci, One thing more If we go back to India and serve the cooling period. Between are we able to visit UK on business visa. Does that affect our 12 months cooling period.

Hi Manish, can you please send me your cell number for a quick chat on my email ID sadiq.acc@gmail.com

Thanks,
Saad

[manci]

Thanks very much Manci. You are so prompt and quick in our concern; replies. Really appreciated.

Manci, One thing more If we go back to India and serve the cooling period. Between are we able to visit UK on business visa. Does that affect our 12 months cooling period. You will be able to visit the UK on a business visitor visa during the cooling-off period.

Hi Manish, can you please send me your cell number for a quick chat on my email ID xxxxx

Thanks,
Saad

[manishd]

Hi saad,

Sent you my number on your mail id. Please contact me or give me your number.

[Saad_1236]

Thanks very much again Manci..!!!
 That means I can go back to India In 01st July'13. Serve my 12 months cooling off period till 30th June’14.
 If I required for UK operation in that 12 months cooling I can still come back on Business visa for 3 months + 3 months from same employer to align UK project work. And this will not affect my cooling period.
 Is this works as per Immigration law?
Soon as I complete my 12months on 30th June I can apply for Tier 2 General if got new offer.
Can you please advice your opinion.

Hi Manish, I'll contact you soon as I can. Cheers

[Saad_1236]

Hi,
Can you please check the below link which will take you to Tiers 2 and 5 of the Points Based System – Sponsor Guidance, In which point 575 (d) highlights; The ICT Short term staff visa doesn’t fall into cooling off period;
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
575. There are a limited number of circumstances in which the cooling off period does not apply. They are:
a) Where the migrant is in the UK and is applying for an extension to their existing leave;
b) Where the migrant is in the UK and is making a change of employment application;
c) Where the migrant is applying as a high earner – this means someone whose gross salary package that we will accept for a Tier 2 application is £152,100 or higher.
d) Where the migrant’s last grant of Tier 2 leave was as an intra-company transfer migrant under the rules in place before 6 April 2011, or in one of the following intra-company transfer categories:
i. Skills Transfer;
ii. Graduate Trainee;
iii. Short-Term Staff.
Can you please help me with your suggestion if I am wrong in this? Please.
Thanks and Regards.

[manishd]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

UKBA updated this guide in July-13. Now 575 is shifted to 580 and it says:

580. There are a limited number of circumstances in which the cooling off period does not apply. They are:

a) where the migrant is in the UK and is applying for an extension to their existing leave;
b) where the migrant is in the UK and is making a change of employment application;
c) where the migrant is applying as a high earner – this means someone whose gross salary package that we will accept for a Tier 2 application is £152,100 or higher.
d) where the migrant is applying under the Tier 2 (ICT- Long-Term Staff) route and their last grant of Tier 2 leave was as an intra-company transfer migrant under the rules in place before 6 April 2011, or in one of the following intra-company transfer categories:
i. Skills Transfer;
ii. Graduate Trainee;
iii. Short-Term Staff.

It means cooling off period will not apply on ICT short term staff if he apply in ICT LT.

[manci]

 That means I can go back to India In 01st July'13. Serve my 12 months cooling off period till 30th June’14.
 If I required for UK operation in that 12 months cooling I can still come back on Business visa for 3 months + 3 months from same employer to align UK project work. And this will not affect my cooling period.
for what a business visitor can do in the UK see this link:
http://www.ukba.homeoffice.gov.uk/visas ... ctivities/
Is this works as per Immigration law?

[VishalJayRaj]

Background;
Currently working in the UK on Tier 2 ICT (Short term).
Current Visa Validity: 14th April13 to 04th April14
Current package as per Sponsorship Letter – 36,000 GBP
Any Visa held before to this: No

While I am working in Production Support i.e. on call Rota to support few application in out of office hours, since I came to onshore and for which I get paid extra pay around 25/- GBP per day i.e. around 750/- or 775/- GBP per month and this will continue in future as well. This doesn't include any overtime, bonuses or any additional implementations which we do. If we consider above then 750*12=9,000/- GBP and then my total annual salary is around 45,000/- GBP.

I have following query
Question:
1. if this is the case then will I be able to switch my visa from ST to LT? If yes well, but if not then what will be the issues and is there any alternative for this situation?

Any help in this regard much appreciated.

[manci]

@VishalJayRaj

You can change from T2 ICT Short Term Staff into the T2 ICT Long Term Staff category but only by applying for entry clearance from your home country.

The job has to be NQF level 6, check the SOC codes here:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf
(note that Production Support is not a recognised job title)

The min pay would have to be £40,600 or the minimum appropriate to the job SOC code, if higher,and it can only include:

• basic pay (excluding overtime);

• allowances (including daily payments to cover the additional cost of living
but not including expenses to cover travel to and from your home country)
provided these allowances are part of your guaranteed salary package.

• bonuses, provided these are part of your guaranteed salary package.

[vkarthik83]

Hi,

I am still not clear on the process. Here is my situation:

- I am from India and currently working in UK on Tier 2 ICT (short term) - valid from Nov 2013 to Nov 2014.
- I am looking to switch jobs within the UK.
So, if I find another employer who is willing to sponsor by Tier 2 (General), can I do that without having to worry about the 12 months cooling off period?
I know that I have to go back to India to get my new Tier 2 (General) visa stamped, but is the cooling off period applicable in this case?

[manci]

@vkarthik83
you would have to apply for T2G entry clearance from India with a restricted CoS no earlier than 12 months after you returned from the UK (cooling-off)

[vkarthik83]

Thanks Manci for your prompt response.
Are there any other options to avoid this cooling off period? What happens if my wife gets a Tier 2 (General) visa and I decide to travel as a dependent on her visa. Will I still need to wait for 12 months before I re-enter UK?

[manci]

@vkarthik83
if you become a PBS dependant (note that switching is allowed in-country) you can work without restriction and cooling-off doesn't apply

[vkarthik83]

Thanks manci again!
Just that I understand this better: Right now, I am with my wife on Tier 2 ICT and she is a dependent on the same visa.
So, if she gets a separate visa (Tier 2 General) and I apply as a dependent, we both can get entry clearance and stay here longer without worrying about notice period - is my understanding correct?

[manci]

if notice period = cooling-off period then yes

[sam1988]

I am at the same situation mentioned above.

Currently i am in UK on Tier 2 (Short term assignment ) with my spouse however i can't apply for the T2G as i have to serve the 12 months cooling off period.

Therefore I am planning for my wife to apply for T2G visa from India to avoid my cooling off period.
I just heard that there is possibility for T2G visa rejection if we apply from overseas. If yes, please mention the reason.
Can my wife apply for the T2G visa from UK?

Thanks in advance!

[manci]

I am at the same situation mentioned above.

Currently i am in UK on Tier 2 (Short term assignment ) with my spouse however i can't apply for the T2G as i have to serve the 12 months cooling off period.

Therefore I am planning for my wife to apply for T2G visa from India to avoid my cooling off period. I just heard that there is possibility for T2G visa rejection if we apply from overseas.] If yes, please mention the reason.
Can my wife apply for the T2G visa from UK?
your wife can only apply for a T2G visa from her home country and she will need a restricted CoS
Thanks in advance!

[sam1988]

Many thanks manci for the prompt response.

Is there any risk for visa refusal if we apply for T2g visa from overseas location ( In mine case if my dependent apply from India).
My employer is saying there is a possibility of visa refusal if you apply it from India. My employer is A-Graded.

[alwahaz]

Hi everyone, I need urgent help on my visa

I am based in India and work with a company based in the UK, which requires me to travel to London every few months.

Last year I went for a period of almost 2 months under a "Tier 2 ICT Short Term Staff Migrant" visa from 8th June to 3rd August 2014.

My visa validity is from 2nd June 2014 to 1st June 2015.

Now I also travelled this year from 12th to 24th April 2015 on the same visa.

Question is will the 12 month cooling off period apply from 3rd August 2014 or 24th April 2015? If from 25th April 2015, is there a workaround to avoid the cooling period?

[alwahaz]

Also I forgot to mention that now I am required to move there permanently on Tier 2 (General) Long Term and the 2 week visit I did recently is some thing I do often but on business visa, this time I did it on my Tier 2 ICT Short term, hence the confusion.