Tier 2 ICT Long-Term to Tier 2 General

[Sujata6143]

Hi Everyone,

I am currently working in Germany. I also have a Tier 2 ICT Long-Term since I had to sometimes work in London at the client office. I got the ICT stamping on Nov 2017 and I would have visited around 25 days so far.

Now, I am taking a international transfer and planning to move to London permanently. I have couple of questions around the whole process.
1) Be on Tier 2 ICT if I can eventually be eligible for ILR.
2) Explore if there is an option to apply for Tier 2 General directly.

For point 1) I saw this rule, but need more information. "(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:
(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

What does Work Permit Holder means in the above ??

For Point 2) In the below point, it says show period, do we have any specific criteria for short period?

• where the applicant was only in the UK as a Tier
2 migrant during the last 12 months for a short
period or periods with a CoS which was assigned
for 3 months or less )))


I have tried to be as eloborate as possible. Sorry for the lengthy message, but it would be great if someone can provide guidance on this.

[CR001]

1) Be on Tier 2 ICT if I can eventually be eligible for ILR.
2) Explore if there is an option to apply for Tier 2 General directly.

For point 1) I saw this rule, but need more information. "(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:
(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

What does Work Permit Holder means in the above ??

There is no longer a visa called 'work permit holder'. It was discontinue when the Points Based System was introduced around 10 years ago. You won't qualify for ILR on Tier 2 ICT. For Tier 2 General, you can only apply for this visa once you have been out of the UK for 12 month cooling off period.

For Point 2) In the below point, it says show period, do we have any specific criteria for short period?

• where the applicant was only in the UK as a Tier
2 migrant during the last 12 months for a short
period or periods with a CoS which was assigned
for 3 months or less )))

If you were on an ICT long term visa, it would be issued for 12 month or more. This therefore does not apply to you.

[Sujata6143]

Thanks a lot for the quick response. It further clarifies the actually meaning of those phrases.

I am planning to move from Germany to UK. Right now, I am with a company A on German payroll but with Tier 2 ICT since I am required to work in UK (same company A).

Firstly, are there any restrictions in moving from Tier 2 ICT Company A to Company B if I decide to change employer and salary above 80K.

Secondly, are there are restriction in moving permanently to UK with Company A itself and Salary 80K.

Thirdly, if No for above options, is there any other option to move to UK without serving the cooling off period ?

Very greatful for your reply

[Sv2018]

Thanks a lot for the quick response. It further clarifies the actually meaning of those phrases.

I am planning to move from Germany to UK. Right now, I am with a company A on German payroll but with Tier 2 ICT since I am required to work in UK (same company A).

Firstly, are there any restrictions in moving from Tier 2 ICT Company A to Company B if I decide to change employer and salary above 80K.-

"The salary threshold to avoid the 12-month cooling-off period for Tier 2 ICT is GBP 120,000"

Secondly, are there are restriction in moving permanently to UK with Company A itself and Salary 80K.

"See the above response "
Thirdly, if No for above options, is there any other option to move to UK without serving the cooling off period ? -

"If you have partner who can look for sponsor, and secure Tier 2 general visa, then you can switch from ICT to Tier 2 dependent (partner) without cooling period clause."

Hope this helps

Very greatful for your reply