Tier 2 ICT pre 2011 to T2 General to change employer

[Sandy2017]

I have tier 2 ICT established staff long term visa from Sept 2010. After that with extensions on T2 long ter staff.
I am in UK for last 7 years on tier 2 long term staff.

Can i switch to tier2 general if changing job within UK?
or Can i process Tier2 General visa from India without any cooling period?

I have checked tier2 general switch policy and its not having Tier2 ICT pre 2011 as a eligible visa to switch but Tier2 policy version 29 for home office staff says T2 ICT pre 2011 is eligible to switch.
Thus want to clear the confusion before i approach new employer to change the job?


https://www.gov.uk/government/uploads/s ... 9.0ext.pdf
Page 43 of 123 Published for Home Office staff on 11 January 2018


"Tier 2 General switch Eligibility

You must already be in the UK under any of the following visas or schemes:

Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification or you’ve done at least 12 months of a PhD
You can also switch to a Tier 2 (General) visa if you’re:

a dependent partner of someone with a Tier 4 visa
a representative of an overseas business
You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories."

Can i switch to tier2 general if changing job within UK?
or Can i process Tier2 General visa from India without any cooling period?

[mamin1310]

Yes, you can switch to Tier 2 general within UK. If you leave UK, then cooling period will apply. There is no exemption on cooling period.

[CR001]

There is no exemption on cooling period.

Not quite correct. There are a couple.

[Sandy2017]

Yes, you can switch to Tier 2 general within UK. If you leave UK, then cooling period will apply. There is no exemption on cooling period.

Thanks a lot for your reply.

[Sandy2017]

There is no exemption on cooling period.

Not quite correct. There are a couple.

Thanks for reply!
Can you elaborate on exceptions or some reference to understand those better?

[poper]

The only exception i am aware of is if the employer offers £159,600 or more salary per annum, the cool off period is waived off

[Sandy2017]

Hi,

Thanks for earlier reply's!

My current employer want to change my appointment as a UK employee which means Switching tier2 ICT to Tier2 General. My question is
1. Is that possible to change Tier2 ICT Established staff pre 2011 to Tier2 General without changing sponsor?
2. If I switch my Visa now to tier2 General, i hope i can still apply for ILR in Sept 2020 on 10 year long residence route rather then waiting for next 5 years on Tier2 General?

Thanks in advance.
Regards,
Sandy

[CR001]

1. No you cannot. You cannot apply for a Tier 2 General visa with the same sponsor you are on ICT visa with.

uk-tier-2-employer-sponsored-visas/swit ... ml#p553829

Requirements for leave to remain wrote:
(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

2. All visas count for ILR based on long residence, even visitor visas.

[Sandy2017]

Much appreciated reply!

Thanks a lot again for clarification.