Tier 2 ICT - Company Acquisition & Possible Impending Layoff

[caltex1974]

Good Afternoon. My company was recently acquired, and pending official closing I am trying to determine what I am able to do if deemed redundant, as I've admittedly received conflicting info from my own employer.

I understand that if provided notice that I've been deemed redundant I have 60 days to leave the UK. I understand that I'd then need to remain back in the US for the mandatory 12-month 'cooling period' before returning, should I be able to secure a new sponsor/visa.

My question is whether I am able to secure another sponsor for a Tier 2 ICT or General visa during that 60 day timeframe? Or whether it would behoove me to start looking now (layoff announcements are expected in approximately 3 months time) and secure one prior to receiving notice of being laid off.

Thank you in advance.

[CR001]

. whether I am able to secure another sponsor for a Tier 2 ICT or General visa during that 60 day timeframe?

You have to serve the 22 month cooling off period before you can apply for a tier 2 general, unless you earn in excess of £159,600pa.

To apply for tier 2 ICT within the UK, you would only be exempt from the mandatory working for the company abroad for 12 months if earning or offered in excess of £79,600pa

[caltex1974]

Can you elaborate on the second part please? As I do exceed that amount you annotated.

To apply for tier 2 ICT within the UK, you would only be exempt from the mandatory working for the company abroad for 12 months if earning or offered in excess of £79,600pa

[CR001]

Apologies, it is £73,900pa but relates to entry clearance visas for Tier 2 ICT where you have not worked 12 months for your employer abroad.

https://www.gov.uk/tier-2-intracompany- ... orker-visa

Long-term Staff

Apply for this visa if you’re transferring into a role that requires you to have had previous experience working for the company.

You’ll need to have worked for your company for more than 12 months, unless they’re going to pay you £73,900 or more a year to work in the UK.

See also the full immigration rules Part 6A 245G related to tier 2 ICT.

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

If your ultimate goal is to settle in the UK and apply for ILR, you might want to consider Tier 2 Genera as ICT does not lead to settlement,

Immigration rules Part 6a HB is relevant then and the £159,600pa is applicable to waive the 12 months cooling off period.

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

[caltex1974]

Thank you for your responses. If I understand correctly then I would not be able to apply for new sponsorship for a Tier 2 General, either proactively or following a redundancy announcement due to the mandatory 12-month cooling off period. However I may be able to pursue a new Tier 2 ICT sponsor, prior to the redundancy, on the basis that my salary offer would exceed the minimum quoted.