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Tier 2 ICT eligibility

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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goto_venkat
Newbie
Posts: 41
Joined: Sun Jun 12, 2011 11:51 am
India

Tier 2 ICT eligibility

Post by goto_venkat » Tue Jul 01, 2014 10:56 pm

Hi,

I am working for an IT company in India for a UK client/project. There is an opportunity for me to visit client on long term assignment and when i looked at Tier2 ICT visa category, one of the eligibility condition was mentioned that i need to be with India employer for more than 12 months. In my case i am working for the company from past 6 months only. So it looks i am not eligible for ICT visa.

Is this 12 month rule compulsory for short term (about 1year) as well? Is there any alternative way to get around this eligibility criteria?

One of the alternative for me is to visit client office in UK on a business visa for 3/6 months and then apply for ICT visa once i return on Business visa (after completion of 12 months with my employer). Is this approach legal or does UK enforce 12 months cooling period even in this situation?

I am little bit confused about the cooling period as not sure whether it comes into picture only for extension of ICT visa or other categories.

Hopefully some one in this forum can answer my question.

Thank you in advance.

Regards,
Venkat

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Frontier Mole
Respected Guru
Posts: 4430
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Tier 2 ICT eligibility

Post by Frontier Mole » Wed Jul 02, 2014 9:13 am

There is no getting round the 12 month rule.
Business visa is not appropriate as you are in effect working for a third party. There is provision to do third part work but not as you describe.
Many companies gerrymander the tier 2 general route to get staff in to the UK to service the client. There is risk attached to that.

ICT cooling off periods are somewhat irrelevant in your current circumstances.

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