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

[manci]

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).
not if all the requirements are met

My employer is saying there is a possibility of visa refusal if you apply it from India. My employer is A-Graded.

[manci]

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?

There wouldn't be any cooling off if you got a CoS and applied for entry clearance in the T2 ICT Long Term Staff category. For T2G the 12 month cooling off period would start from 24 April 2015.

[alwahaz]

Appreciate the prompt reply Manci..

so if I get T2 ICT Long Term Staff category visa will I:
1) Be able to renew it every time without the cooling off period?
2) Ever be able to switch to T2 general without a cooling off period?
3) Be eligible to apply for ILR at some point in future?

Lastly, say I choose not to apply before April 2016 and let the cooling off period pass, can I travel on the regular 6 month business visa during this cooling off period for say 2 months at a time and come back for a month and then go back for 2 months? Do that for 1yr and then apply for Tier 2 general.

[manci]

[quote="alwahaz"]Appreciate the prompt reply Manci..

so if I get T2 ICT Long Term Staff category visa will I:
1) Be able to renew it every time without the cooling off period?
yes, you can apply for extensions up to a 5 years limit from the UK and will need a new CoS for each extension.

2) Ever be able to switch to T2 general without a cooling off period?
no

3) Be eligible to apply for ILR at some point in future?
not if you are on T2 ICT - to be eligible for ILR you would have to be on T2G for 5 years

Lastly, say I choose not to apply before April 2016 and let the cooling off period pass, can I travel on the regular 6 month business visa during this cooling off period for say 2 months at a time and come back for a month and then go back for 2 months? Do that for 1yr and then apply for Tier 2 general.
yes you can travel on a standard visitor visa as a business visitor during the cooling-off period but the activities your are permitted to engage in are limited[/quote]

[alwahaz]

Thanks so much man... every reply is relieving so much stress..

Getting much clear now. I also read the below exceptions to cooling off period in one of the official docs:

26. The waiver of the Tier 2 cooling-off period for Certificates of Sponsorship granted for stays of under than three months provides additional flexibility for businesses looking to transfer key staff for short periods of time. The cooling off period does not apply where you were only in the UK as a Tier 2 migrant during the last 12 months for a short period(s) with a Certificate of Sponsorship which was assigned for three months or fewer. For instance:

a. Where you were assigned a Certificate of Sponsorship of three months or less in the preceding 12 month period, and had no other Tier 2 leave during that period, the cooling-off period will not apply.

b. Where you have had more than one period of Tier 2 leave in the last 12 months and each Certificate of Sponsorship was assigned for less than three months, even where they may total over three months, the cooling-off period will not apply. It is the intention that this waiver permits only short term periods of leave in the UK. If you intend to work in the UK for longer than three months, you should ensure that your sponsor applies for the appropriate length Certificate of Sponsorship.

c. Where you were assigned a Certificate of Sponsorship of six months in length but we were notified by your sponsor that you ceased working in the UK after two months, the cooling-off period will apply (as the Certificate of Sponsorship was assigned for more than three months).

Do you think I can use point (b) to travel on CoS of less than 3 months at a time for next 12 months and then apply for Tier 2 general next year in April? I am exploring this option because, as you too have mentioned, visitor visa will be limiting?

[alwahaz]

Hi Manci.. what do you think about the option I have posted above? Or is there anyone else who could advise please..

[manci]

Hi Manci.. what do you think about the option I have posted above? Or is there anyone else who could advise please..
your T2ICT Short Term Staff leave was for 1 year, what you quoted doesn't apply to you