Switching to Tier2 General from Tier 2 ICT within UK

[Sunshine_R]

Hello,

I reached UK on July 1, 2015 on Tier 2 ICT Short term Work permit. My Cos states my work dates as starting from 01 July 2015 till 30 June 2016. I found a new employer who is willing to sponsor me for Tier 2 General Work permit, provided I am eligible. So, basically I am changing my sponsors.

Now, before making a decision I would like to get a proper picture on whether:
1. I can switch to Tier 2 General, since I have been in UK for only a month?
2. I Will be able to do the switching as per the new visa rule of switching to Tier 2 General within 3 months ?
3. If its a No, for the above 2 questions, then what is option before me to switch to Tier 2 General?
4. Do I have to wait for 12 months and serve the cool-off period if I am applying within UK?

Thanks in advance.

[moonlight55]

Hello,

I reached UK on July 1, 2015 on Tier 2 ICT Short term Work permit. My Cos states my work dates as starting from 01 July 2015 till 30 June 2016. I found a new employer who is willing to sponsor me for Tier 2 General Work permit, provided I am eligible. So, basically I am changing my sponsors.

Now, before making a decision I would like to get a proper picture on whether:
1. I can switch to Tier 2 General, since I have been in UK for only a month?
Not from within UK. If you find an employer who is ready to sponsor your tier 2 general, you will need to apply for entry clearance from your home country. Plus, you will be subject to cool-off of 12 months from the time you leave UK.

2. I Will be able to do the switching as per the new visa rule of switching to Tier 2 General within 3 months ?
Not applicable since your CoS is more than 3 months. This clause is only applicable if your CoS was issued for less than 3 months. Your actual stay in this case is irrelevant.

3. If its a No, for the above 2 questions, then what is option before me to switch to Tier 2 General?
See (1) above.

4. Do I have to wait for 12 months and serve the cool-off period if I am applying within UK?
Yes. You cannot apply from within UK. See (1) above.

Thanks in advance.

[Sunshine_R]

Thanks for the quick reply.

I have a few for more queries. I read in this forum that we can switch to Tier 4 Dependent from Tier 2 ICT. In that case, If I convert my visa to Tier 4 Dependent, then:

1. Will I be able to switch my employer and work for my new employer?
2. Can I switch to Tier 2 General after 12 months without leaving UK and work for the same employer with whom I worked as Tier 4 Dependent?
3. If I make some short trips to my home country as ICT holder and Tier 4 dependent, then will those be counted as a cool-off period if I switch to Tier 2 General?
4. Finally, if I choose to switch to Tier 4 instead of Tier 4 dependent, then is it possible for me to switch to Tier 2 General after 12 months without leaving UK?

Thanks again

[Sunshine_R]

Could you please help me with the above queries?

As I understand from your reply, for switching to Tier 2 General from Tier 2 ICT, I will have to leave the country and apply after 12 months. But, I think I might land in a different scenario.

Thanks in advance

[moonlight55]

Thanks for the quick reply.

I have a few for more queries. I read in this forum that we can switch to Tier 4 Dependent from Tier 2 ICT. In that case, If I convert my visa to Tier 4 Dependent, then:

1. Will I be able to switch my employer and work for my new employer?
Yes.

2. Can I switch to Tier 2 General after 12 months without leaving UK and work for the same employer with whom I worked as Tier 4 Dependent?
You cannot switch from within UK. Same condition will apply as mentioned in (1) above.

3. If I make some short trips to my home country as ICT holder and Tier 4 dependent, then will those be counted as a cool-off period if I switch to Tier 2 General?
As long as you remain on the payroll of the UK company and continue to be paid in GBP, these short trips does not matter. The trips can be official of personal.

4. Finally, if I choose to switch to Tier 4 instead of Tier 4 dependent, then is it possible for me to switch to Tier 2 General after 12 months without leaving UK?
I think yes. Someone else can confirm. But, you can do it only after 12 months.

Thanks again