Switching to tier 2 general

[Akhila14]

Hello!

I'm on a tier 2 ict long term staff visa. I received a job offer from another sponsor, however, I don't think I can switch to tier 2general from tier 2ict long term.

My question is - what if I resign from my current company, go back to my country of origin and apply for a fresh tier 2 general from there? Would the 12 month cooling off period still apply?

Also, a follow-up question- My current visa is valid until Feb 2016. Do I need to wait for that to expire before applying for a fresh tier 2 general?

Thank you!

[moonlight55]

1. Cool-off of 12 months will apply in your case.

2. Cool-off will start from the day you leave UK and not from visa expiry date if you leave UK earlier. You will have to provide relevant proofs to show that you left UK on the date.

[Akhila14]

Thank you, Moonlight55
Would you know if there is any way around the cooling off period with a tier 2ict long term visa? Getting some other interim short visa, for instance?

[CR001]

Thank you, Moonlight55
Would you know if there is any way around the cooling off period with a tier 2ict long term visa? Getting some other interim short visa, for instance?

No, there is no way to avoid the cooling off period.

The only other way is if you apply as a dependent of a spouse who has valid leave (Tier 2 G, Tier 2 ICT, ILR, etc......)

[Akhila14]

Thank you, Moonlight55 . Last question - what if my salary were above £155300? Would this same rule apply?

[moonlight55]

Thanks to CR001 for previous reply

If your salary is 155,300 or higher, cooling off will not apply. However, you will have to go back to your home country and apply for entry clearance visa. You cannot switch from within UK.

[geriatrix]

Since when have you been in the UK under Tier 2 (ICT) leave?

[Akhila14]

I came to the UK in Feb 2014. I already checked that

Thank you for all your responses on this - moonlight55, CR001 and Sushdmehta.

[Akhila14]

Does anyone know why this rule is in place? I mean, why is a 12 month cooling off required for ict tier 2 long term visa before switching to tier 2 general? If short term visas, less than 3 months, can switch without any cooling off period, why not long term?

[kumar125]

A Very important question raised by you.

since Tier 2 ICT visa doesn't qualify for ILR but still govt is insisting on one year cooling period..... A very strange rule.....

They should considered Tier 2 ICT visa as a different category than Tier 2 G, where ILR is possible after 5 years...