Tier2 ICT Short Term Staff

[wewakeimmig]

I'm currently in the UK under TIER2 ICT SHORT TERM STAFF MIGRANT visa which is valid from 19/11/2013 to 18/11/2014.

Could you please clarify me the below mentioned queries?
1. Am I allowed to switch employer while I'm in the UK?
2. Is there a way to extend my stay in the UK with the current employer without leaving the country?

[manci]

I'm currently in the UK under TIER2 ICT SHORT TERM STAFF MIGRANT visa which is valid from 19/11/2013 to 18/11/2014.

Could you please clarify me the below mentioned queries?
1. Am I allowed to switch employer while I'm in the UK?
no

2. Is there a way to extend my stay in the UK with the current employer without leaving the country?
no, if you wanted to continue with present employer you'd need to apply for T2 ICT Long Term Staff entry clearance from home country

[wewakeimmig]

Thanks for you response. Much appreciated.

If I need to apply for Tier2 ICT Long term Staff, is there any cooling off period for my case?
And can my employer start processing for the CoS(Tier2 ICT Long Term Staff) whilst I'm in the UK before my current visa expiry?

[manci]

Thanks for you response. Much appreciated.

If I need to apply for Tier2 ICT Long term Staff, is there any cooling off period for my case? no

And can my employer start processing for the CoS(Tier2 ICT Long Term Staff) whilst I'm in the UK before my current visa expiry? yes (if they have a T2 ICT CoS allocation for the current year "processing" is a 20 minute job)

[wewakeimmig]

Thanks a lot for the info.

As my employer can issue a CoS for the ICT Long Term Staff, please can you let me know will I be able to apply for new visa for ICT Long term Staff before my current visa expiry(ICT Short Term Staff expires on 18/11/2014).

And as you said earlier, I will be able to apply from my home country and not from the UK. Have I got you?

[manci]

Thanks a lot for the info.

As my employer can issue a CoS for the ICT Long Term Staff, please can you let me know will I be able to apply for new visa for ICT Long term Staff before my current visa expiry(ICT Short Term Staff expires on 18/11/2014).
yes, you don't have to wait and can apply as soon as you have the CoS number. Note that it is always advisable to get a printout of the whole CoS from your sponsor to check that all information in it is correct

And as you said earlier, I will be able to apply from my home country and not from the UK. Have I got you?
You can only apply from home country

[deepakpareek]

Hi Manci,

Can Tier 2 ICT long term visa holder(Visa starts from 1 July 2013) can switch to Tier 2 General visa in UK if any one ready to sponsor. Or is there any cooling period or so. Please reply asap.

[aja]

@deepakpareek

Cooling off period will apply.

[anushahariharan]

Hello!

I have a Tier 2 ICT - Short term staff Visa expiring in Oct 2014. I had a one month assignment for which i was givent his visa in Oct 2013. Now I am back in India and am looking for work opportunities in London.

I am currently negotiating an offer with a top bank which can sponsor my Work visa. However, i would likw to know the following

a) Can the new firm apply for my COS before Oct 2014 (as I have already have permit till 2014)
b) If the answer is no, how can i apply for a London opportunity and get work permit?

It would be great if someone could help me understand this as I have some people telling me that I cannot apply until Oct2014 for an opportunity with a new firm.

Thanks a lot!

[moonlight55]

As per my understanding, since you were in UK under Short-term staff category, the cool off period of 12 months does not apply in your case.

[manci]

cooling-off does apply in your case and the earliest you can only apply for T2G entry clearance will be 12 months from the date you left the UK. You will have to provide evidence that you have not been back to the UK under your T2 ICT STS visa since then.

[moonlight55]

Thanks Manci for correcting.

However, doesn't the below point (Point 39.32.d) from sponsor guidance states that short-term staff is exempt from cooling off:

"
applying under the Tier 2 (ICT- Long-Term Staff) route and their last grant of Tier 2 leave
was as an intra-company transfer migrant under the rules in place before 6 April 2011, or in one
of the following intra-company transfer categories:
▪▪Skills Transfer
▪▪Graduate Trainee
▪▪Short-Term Staff.
"

[moonlight55]

Okay, got it now! I mis-read the statement (& hence misunderstood).

Yes, manci is right. The cool-off period will apply in your case.

[ITpers]

Hi Manci,
I am currently working in UK for ICT Short term visa and my visa expires on July 2015.
If I get sponsorship from new employer for permanent job, Can I extend this Short term ICT visa to ICT-LT visa?
and could you pls suggest on this situation?
thanks

[t2ict]

Hi Manci,
I am currently working in UK for ICT Short term visa and my visa expires on July 2015.
If I get sponsorship from new employer for permanent job, Can I extend this Short term ICT visa to ICT-LT visa?
and could you pls suggest on this situation? " You can ONLY change from T2 ICT ST to T2 ICT LT visa with the same employer without cooling-off period, provided you'll be paid more or equal to £41,500 per year. If you get sponsorship from another employer then 12 months cooling-off period will apply "
thanks

[t2ict]

Hi Manci,
I am currently working in UK for ICT Short term visa and my visa expires on July 2015.
If I get sponsorship from new employer for permanent job, Can I extend this Short term ICT visa to ICT-LT visa?
and could you pls suggest on this situation? " You can ONLY change from T2 ICT ST to T2 ICT LT visa with the same employer without cooling-off period, provided you'll be paid more or equal to £41,500 per year. If you get sponsorship from another employer then 12 months cooling-off period will apply "
thanks

[ITpers]

Thanks manci, is there anyway to avoid cooling period with new job

[Usman_123]

Hi,

My VISA Tier 2 ICT short term staff migrant got expired on 26/04/2015, my last travel visit was on 02/02/2015.

As I need to travel back to UK for the same employer, does I need to serve the cooling period ?
Please revert asap. Its urgent.

Note: Cos issued last time was less than 3 months

Thanks

[manci]

Hi,

My VISA Tier 2 ICT short term staff migrant got expired on 26/04/2015, my last travel visit was on 02/02/2015.

As I need to travel back to UK for the same employer, does I need to serve the cooling period ?
Please revert asap. Its urgent.

Note: Cos issued last time was less than 3 months

if the period of engagement in the previous CoS was 3 months or less you are not subject to cooling off , see immigration rule 245GB (d) and (e)
https://www.gov.uk/government/uploads/s ... art_6A.pdf

Thanks

[AshwinA]

Hi ,
I am having TIER 2 ICT SHORT TERM STAFF MIGRANT VISA.
It is going to be over in February 2016 .

Is it possible for me to change my employer and switch to other company.
Please comment on my understanding:
I will switch my employer and join some other organisation with other VISA type .
And with this I may skip the cooling period issue .

Please comment on my understanding .

[moonlight55]

I think your CoS was issued for more than 3 months. Can you confirm?

If that's the case, you will be subject to a cool-off of 12 months even if you "switch" employer and your employer is ready to sponsor a Tier 2 General visa for you.