Tier 2 ICT to Tier 2 General

[R-autobots]

Hi Experts,

I landed in Uk May 2016 on tier 2 ict long term. I want to understand my option for change of visa.

1. Any exceptions to cooling off period ?
2. Any possibility of change employer within UK as that will need change in COS, can visa be changed into a category that allows count to ILR.
3. Any exception if salary is over 160000£ annually( i heard there was an exception around certain salary bracket)
4. Does the cooling off period restriction apply to work in Ireland as well ( Dublin/ Belfast)

Thanks
R

[CR001]

1. Any exceptions to cooling off period ?

Not really. The only exception is if you re offered a salary in excess of £159,600pa.

2. Any possibility of change employer within UK as that will need change in COS, can visa be changed into a category that allows count to ILR

What do you mean exactly? Do you mean change your current visa or new visa, your question is not clear.

3. Any exception if salary is over 160000£ annually( i heard there was an exception around certain salary bracket)

See #1 above.

4. Does the cooling off period restriction apply to work in Ireland as well ( Dublin/ Belfast)

Dublin is in the Republic of Ireland, a different country to the UK. Belfast is part of the UK.

[R-autobots]

Hi there,

thank you for your response.

Can you please elaborate on the exception of 159600£ pa part. So if I get a new job for this amount . I have to go back to my home country and I can apply on a different visa and come back again to UK without cooling off.

Any link i can read please

Thanks
R

[CR001]

Immigration Rules Part 6a - 245HB (g) (ii) - Click to read

245HB. Requirements for entry clearance
To qualify for entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 84A of Appendix A.
(c) If applying as a Tier 2 (Minister of religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92A of Appendix A.
(d) If applying as a Tier 2 (sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.
(e) The applicant must have a minimum of 10 points under paragraphs 1 to 18 of Appendix B.
(f) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:
(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £159,600 per year or higher.

[R-autobots]

Hi there,

Thank you , its a bit confusing . Please let me replay my understanding of this

I am currently on Tier 2 ICT long term ( landed May 2016). If a different company other than my current employer offers me a job for 159600£ or above PA then my application can be processed and I can get a Tier 2 General visa without any cooling off period limitation
So practically I can do work immediately.

Is that a fair summary of what you explained earlier .

Lastly, IS this possible while I am in uk only , or I have to move out and come back in UK?

Thanks
R

[CR001]

Yes, correct.

Not sure if you can apply to change within the UK. The 'leave to remain' part of the rules does not have this clause as far as I can see, so my guess is no and that you do have to apply from home country.

[vinny]

Agree.

245HD.( c ) prevents switching in-country.

245HB.( g )(ii) exempts the 12 month cooling period when applying for entry clearance from outside the UK.