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Tier 2 ICT Established to Tier 2 General

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Regi
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Joined: Wed May 10, 2017 2:44 pm

Tier 2 ICT Established to Tier 2 General

Post by Regi » Thu Jun 29, 2017 7:24 am

Hi All,

I have raised this question before but just wanted to get clear this further, so that my case is clean

My Entry visa is Tier 2 ICT Established Staff - Stamed in June 2010 and entered UK on August 2010
This entry visa was valid till July 2011 and from that point I have extended my stay in UK as leave to remain in ICT long term Staff beyond July 2011 and running until 2019

My Visa Categories so far

Tier 2 ICT Established Staff : June 2010 – July 2011, UK Entry Clearance
Tier 2 ICT Long Term: Aug 2011 – Aug 2012, Leave to remain
Tier 2 ICT Long Term: Aug 2012 – Aug 2013, Leave to remain
Tier 2 ICT Long Term: Oct 2013 – Sep 2014, Leave to remain
Tier 2 ICT Long Term: Sep 2014 – Sep 2016, Leave to remain
Tier 2 ICT Long terms: Oct 2016 – Sep 2019, Leave to remain”

I have a new employer now who is willing to sponsor my visa as Tier 2 General

I have read the articles in this forum which mentions I might be eligible to switch within UK as part of immigration rule 245HD(C)

The part which is very confusing is
1. Do I have a cooling off period if I need to serve if I am taking up the new employment?
2. Am I eligible to switch in-country, if yes is this called as change of employment, switch or leave to remain as per the immigration wordings?
3. The crucial last part which is eating my brain for few days is below rule in 245HD. Am I caught in below clause?

(k) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless:
(i) the applicant’s last grant of leave was as a Tier 2 Migrant,
(ii) the applicant was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(iii) the applicant will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £159,600 per year or higher.

4. Last query is are we aware of any successful employer / visa switched similar to my category in recent times?

Could you please help me in understanding this position as soon as possible which would help in taking some informed decision

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