T2 ICT to T2 G

[hari1985]

Apologies in advance if these questions are repetitive, but I would love some clarification from an expert. Many thanks.

I arrived in the UK on a T2 ICT in Dec 2012 initially for a period of 2 years and in Dec 2014 I extended the T2 ICT by a further 3 years, courtesy of my employer extending my contract. So currently I am on a T2 ICT (long term migrant) with expiry in Dec 2017. I have a single dependent.

I am now considering leaving the company that has sponsored me and joining another different company, and was wondering the following:

1. Is it possible for me to switch to a T2G while staying in-country and not having to serve the 12 month cooling off period abroad?

2. As my salary is likely to be 150k or greater, is it possible for the new employer to apply for a new T2 ICT CoS on my behalf and not the T2 G?

3. If I have no choice but to serve the cooling off period abroad, is it possible for my partner to apply for a separate T2 G/T2 ICT with another company she wishes to work for and remain in the UK?

Many thanks

[manci]

Apologies in advance if these questions are repetitive, but I would love some clarification from an expert. Many thanks.

I arrived in the UK on a T2 ICT in Dec 2012 initially for a period of 2 years and in Dec 2014 I extended the T2 ICT by a further 3 years, courtesy of my employer extending my contract. So currently I am on a T2 ICT (long term migrant) with expiry in Dec 2017. I have a single dependent.

I am now considering leaving the company that has sponsored me and joining another different company, and was wondering the following:

1. Is it possible for me to switch to a T2G while staying in-country and not having to serve the 12 month cooling off period abroad?
It is not possible to switch in-country, you'll have to apply for entry clearance from home country. If your salary will be £153.5k or more in the new T2G job cooling-off will not apply.

2. As my salary is likely to be 150k or greater, is it possible for the new employer to apply for a new T2 ICT CoS on my behalf and not the T2 G?
Not in the long term staff category for which you would have to be employed by the company for 12 months before the transfer

3. If I have no choice but to serve the cooling off period abroad, is it possible for my partner to apply for a separate T2 G/T2 ICT with another company she wishes to work for and remain in the UK?
Your dependant partner could apply for T2G entry clearance from home country with a restricted CoS and once she is back in the UK you can switch to become your partner's dependant

Many thanks

[hari1985]

Dear manci many thanks for the prompt reply.

The salary I mentioned - it is a loose definition that can include bonuses and other allowances or does it have to be just the base salary? What evidence will the company be required to giv in this regard? In my experience the COS only needs the company to 'state' what the salary will be, not go into detailed breakdowns.

Any advice appreciated

[manci]

read para 83 of the T2 policy guidance.
In the CoS the company has to state what the salary and allowances are - they would jeopardise their licence with incorrect information.

[hari1985]

Dear manci - re: the last point: "Your dependant partner could apply for T2G entry clearance from home country with a restricted CoS and once she is back in the UK you can switch to become your partner's dependant"

That would require my wife to have a company that is willing to sponsor her/issue the CoS right? Since that would become a normal T2G application, wouldn't the application process have the potential to take months?

What is the difference between a restricted and an unrestricted CoS?

Many thanks once again

[manci]

Dear manci - re: the last point: "Your dependant partner could apply for T2G entry clearance from home country with a restricted CoS and once she is back in the UK you can switch to become your partner's dependant"

That would require my wife to have a company that is willing to sponsor her/issue the CoS right?
yes
Since that would become a normal T2G application, wouldn't the application process have the potential to take months?
once your wife finds a sponsor they have to apply for a restricted CoS on the monthly cycle (i.e. max 1 month assuming the application is granted), then carry out a RLMT before assigning the CoS (another month)

What is the difference between a restricted and an unrestricted CoS?
unrestricted CoS is needed for in-country applications, restricted CoS for entry clearance applications from abroad

Many thanks once again