Tier 2 General to Tier 2 ICT - Minimum salary to avoid cooling off period?

[mengo]

Dear forum members,

I have a query regarding minimum salary requirements to avoid cooling off period when switching into Tier 2 ICT from Tier 2 General visa. I hope someone has an answer.

I have been in UK on T2G since Feb 2012 and my current visa expires on Feb 2018 and I can't extend it beyond that date as 6 years rule applies. Before T2G, I held student visa 2010-2012. Therefore I am in UK over 7 years. My ILR application was refused due to more than 60 days gap between jobs - JR is still ongoing. I would like to get another work visa for 3 years to apply for ILR LR in case my JR is not successful or drags beyond my current visa expiry date.

Here is a hypothetical question: If I find an overseas employer (there is a potential one) to employ me in UK under Tier 2 ICT visa, what should be minimum required salary to avoid cooling off period? I have seen few figures such as £73,900, £120,000 and etc. but not sure which would apply in my case.

I appreciate your response. Thanks

[CR001]

You can't do that. To qualify for ICT visa, you have to prove you are employed in the overseas company for 12 months, unless earning in excess of £73k. However, you might still be subject to the cooling off period (which is a separate issue).

You cannot apply for ICT from the UK. You should also be aware that HO are hot on any applications that are simply to by pass/circumvent the normal rules and gain extra time.

https://www.gov.uk/tier-2-intracompany- ... st-provide

Proof you’ve worked for your employer outside the UK
After you apply you might be asked to prove you’ve worked for your employer for a certain amount of time.

The length of time depends on what visa you’re applying for:

Long-term Staff earning £73,000 or less - 12 months
Long-term Staff earning more than £73,000 - no minimum time
Short-term Staff - 12 months
Graduate Trainee - 3 months
If you’re asked, you’ll need to show you’ve been paid by your employer over this time period. You can provide:

original printed payslips
copies of online payslips supported by a letter from your sponsor signed by a senior staff member
bank or building society statements
a building society pass book

[mengo]

You can't do that. To qualify for ICT visa, you have to prove you are employed in the overseas company for 12 months, unless earning in excess of £73k. However, you might still be subject to the cooling off period (which is a separate issue).

You cannot apply for ICT from the UK. You should also be aware that HO are hot on any applications that are simply to by pass/circumvent the normal rules and gain extra time.

https://www.gov.uk/tier-2-intracompany- ... st-provide

Proof you’ve worked for your employer outside the UK
After you apply you might be asked to prove you’ve worked for your employer for a certain amount of time.

The length of time depends on what visa you’re applying for:

Long-term Staff earning £73,000 or less - 12 months
Long-term Staff earning more than £73,000 - no minimum time
Short-term Staff - 12 months
Graduate Trainee - 3 months
If you’re asked, you’ll need to show you’ve been paid by your employer over this time period. You can provide:

original printed payslips
copies of online payslips supported by a letter from your sponsor signed by a senior staff member
bank or building society statements
a building society pass book

Dear CR001,

Thanks for your response.

I am aware of >£73k requirement for no minimum employment period rule. My question was really about cooling off period rather than ICT basics itself. Besides my question was as I said hypothetical - I am trying to explore all my options as I believe HO unlawfully refused my ILR application and I will be successful at the end - Only problem is it takes very long time to get a result from a court and decision may not be made before my leave expires.

So, if I can find job paying more than £73k and apply outside UK, will I still be subject to 12 months cooling off period? Thanks in advance.

[CR001]

Not sure why you believe HO's refusal is unlawful when the 60 days employment gap is clearly stated in the immigration rules. HO simply processed and decided your application based on the rules.

https://www.gov.uk/guidance/immigration ... sed-system

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant or a highly skilled migrant, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.

Why not look at a student visa or Tier 1 Ent if you can get the funds together? Do you have a dependent who could apply for any visa they qualify for and you apply as dependent?

[mengo]

Not sure why you believe HO's refusal is unlawful when the 60 days employment gap is clearly stated in the immigration rules. HO simply processed and decided your application based on the rules.

https://www.gov.uk/guidance/immigration ... sed-system

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant or a highly skilled migrant, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.

Why not look at a student visa or Tier 1 Ent if you can get the funds together? Do you have a dependent who could apply for any visa they qualify for and you apply as dependent?

CR001,
Thanks for your response again. My ILR case is a but complicated (my barrister came up with strong arguments which we believe the JR will be successful) and I would prefer to limit this post for my visa options only.

I guess my only realistic option is, my dependent to get a Tier 2 and I become a dependent. Thanks a lot for your advise.