Switching to Tier 2 General from ICT

[Stierlitz]

Dear all, please help to understand, under which circumstances the cooling off period does not apply to those who want to change their Tier 2 ICT into TIer 2 General:

1) High earner exception: What is the current threshold for "high earners" tier? Is it true that it was decreased to 120000 GBP last year? What is counted towards that sum - gross salary only, or guaranteed allowances as well?

2) Changes via dependant visa. Can a spouse (who is on Tier 2 ICT "dependant" visa now) change a visa to Tier 2 General without cooling off period (provided her employer is happy to assist her in CoS)? Can I subsequently change my Tier 2 ICT into Tier 2 General (dependant to my spouse) without cooling off? Do I need to leave the UK for that? or can be done without leaving?

Thank you!

[CR001]

1) High earner exception: What is the current threshold for "high earners" tier? Is it true that it was decreased to 120000 GBP last year? What is counted towards that sum - gross salary only, or guaranteed allowances as well?

It is £173,900pa.

2) Changes via dependant visa. Can a spouse (who is on Tier 2 ICT "dependant" visa now) change a visa to Tier 2 General without cooling off period (provided her employer is happy to assist her in CoS)? Can I subsequently change my Tier 2 ICT into Tier 2 General (dependant to my spouse) without cooling off? Do I need to leave the UK for that? or can be done without leaving?

There is no cooling off period for dependents applying for Tier 2 general. Yes you can, no cooling off period for ICT to PBS dependent switch. Your spouse would have to leave and apply from home country yes. You can switch in the UK once she is back provided you still have a valid ICT visa.

[Stierlitz]

Thank you, Char!!!
On the threshold: here they wrote it's 120,000:
third party immigration Web link removed by moderator
I can't find any official information on this, seems to be a state secret! is that possible that it was reduced recently?

[CR001]

Apologies, it is £159,600pa as stated in the immigration rules part 6a - 245HB(g)

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

. (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

[CR001]

Apologies, it is £159,600pa as stated in the immigration rules part 6a - 245HB(g).

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

. (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

[Stierlitz]

Thank you! do you know, how is this salary calculated? I.e. gross, with/without annual bonus (which depends on the company performance) etc?

[CR001]

Thank you! do you know, how is this salary calculated? I.e. gross, with/without annual bonus (which depends on the company performance) etc?

Only guaranteed income is counted. If a bonus is NOT guaranteed, you cannot count it. The Tier 2 guidance notes very clearly states what is counted and what is not considered.