Tier 2 ICT to Tier 2 General

[mmehta1988]

I am currently working for an employer in UK on Tier2 ICT Visa with my spouse and child as dependant. Our ICT Visa is valid until Dec 2019.

My queries are for switching to Tier2 General for same employer:

1. If I wanted to leave the UK earlier and serve the cooling off period ? What are the implications.
2. Is there a need to inform Home office by Employer -- Mandatory condition or leaving UK itself and not coming back for 12 months is itself a cooling off period.
3. Since I have checked Shortage occupations list and it appears 1 post which relates to my Job profile to apply for Tier 2 General post 12 months , is there still a need for Labour market test and how long it can be started ? if shortage occupations list Job doesn't match , I think Labour market test is mandatory to advertise the position and how long before and for how long it needs to be done?
4. Is there any restriction to come to UK during cooling off period on Business Visa for meeting or trainings?
5. During cooling off-period I will be working for same company without any corporate office in india but as a remote employee , how would be payroll be done?

In respect to above question--

1. Can company do gross salary wire transfer in Indian bank with deducting Tax in UK and then it will be deducted in India via accountant ?
2. Please suggest options possible during cooling off period for same employer regarding salary.

Thanks,
Mayank

[CR001]

You cannot apply for Tier 2 General for the same employer.

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

245HD(c) applies...

(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.

So,
1. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or
2. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011,

then switching is allowed.

[mmehta1988]

Hi there,

Apologies I believe my query has put into some misunderstanding.
Switch I believe means changing visa within UK , I understand that is not allowed. But my queries earlier are in respect of serving a cooling off period and early leave curtailing the existing ICT Visa so I can be in India for 12 months (Cooling off) and reapply for UK general Visa from India itself but it will be for same employer. Could you please answer my questions now:

1. If I wanted to leave the UK earlier and serve the cooling off period ? What are the implications.
2. Is there a need to inform Home office by Employer -- Mandatory condition or leaving UK itself and not coming back for 12 months is itself a cooling off period.
3. Since I have checked Shortage occupations list and it appears 1 post which relates to my Job profile to apply for Tier 2 General post 12 months , is there still a need for Labour market test and how long it can be started ? if shortage occupations list Job doesn't match , I think Labour market test is mandatory to advertise the position and how long before and for how long it needs to be done?
4. Is there any restriction to come to UK during cooling off period on Business Visa for meeting or trainings?
5. During cooling off-period I will be working for same company without any corporate office in india but as a remote employee , how would be payroll be done?

In respect to above question--

1. Can company do gross salary wire transfer in Indian bank with deducting Tax in UK and then it will be deducted in India via accountant ?
2. Please suggest options possible during cooling off period for same employer regarding salary.

Thanks,
Mayank

[CR001]

You cannot apply for a Tier 2 General with the same employer who sponsored your Tier 2 ICT. The rules I have quoted/highlighted are very clear on this.

This is regardless of the 12 months cooling off period.

[poper]

Also I believe 'shortage occupation' waives Resident Labour Market test and not cool off period.
Cool off period - You cannot apply as a Tier2 main applicant for 12 months. You may apply other visas such as business/visitor visa and visit the UK in the cool off period

[ansh1609]

Hello,

I came to UK via Tier 2 ICT long term staff in 2014. When it will finish in 2019, is it possible to serve cooling off and then after 12 months apply for Tier 2 General for same employer.

Thanks,
Ansh

[CR001]

???

member/mmehta1988/

See multiple usernames (click)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

[ansh1609]

Apologies for that I tried to reset password for previous ID as I forgot that and it failed for some reason.
My Intention was not wrong as I have got some much help from you people in the past which is very much appreciated.

Can I still use your portal for any further queries.

Thanks,
Ansh

[CR001]

See Q4 in this link (click)

As RLMT is required, your employer would have to prove you are not 'pre-selected'.

[ansh1609]

Hello there,

Can I please get a reply either on original question or help me with resetting password for old account mmehta1988.

[CR001]

See Q4 in this link (click)

As RLMT is required, your employer would have to prove you are not 'pre-selected'.