Query on Tier 2 general visa

[dhana2k]

Hi Experts,

Could any one advise me on this please.

As per the present immigration rules, switching from Tier2 ICT to Tier2 general visa for the same sponsor within or outside UK is not possible, unless serving one year cooling off period.

It is only possible for a different sponsor when we continue to remain on the payroll of UK and fresh application made outside UK.

If Tier 2 general visa granted outside UK, the present ICT visa will be cancelled. If Tier 2 general visa not granted, still we can able to continue our job with current ICT visa. Am I right ?

Appreciate your help on this.

Thanks
Dhana

[moonlight55]

FYI - Cool-off will be applicable even if you apply from the different sponsor and/or outside UK.

If your Tier 2 application is rejected, you can continue on your current visa. In the case you mentioned, you will not be able to apply for a Tier 2 general application before 12 months even if you return back to your home country. Cool-off will be applicable.

[dhana2k]

Thanks a lot for your reply. However, I have the below doubt.

If I am under payroll of the UK entity and I am continued to be paid in UK and my employer does not report travel as returning back to home country, this case also I will not be allowed to apply tier 2 general out side UK without serving one year cooling off period ?

Please advise me.

Thanks
Dhana

[moonlight55]

Unfortunately, No.

Btw, when was your Tier 2 ICT issued? If it was before April 2010, you can move to Tier 2 General from UK itself. Otherwise, No.

[iworker]

if the OP leaves UK and works from home (and keeps getting paid in uk), i dont see a reason why he cant apply for tier 2 general after 1 year of staying out of the country. Although i must say it sounds strange for a company to allow someone to work from home for such a long time.
The cooling off period is served as soon as you exit the country and is not dependent on your ICT visa expiry date.

[moonlight55]

OP was asking can it be done without serving 12 months outside UK (you can call it working from "home" or "cool-off", does not matter). I guess the answer is No.

[dhana2k]

Hi Ya,

Last year, my Tier 2 ICT visa extended and received bio metric card along with some information leaf let from home office. In that leaflet, Under Can I change sponsor ? I could see the below.

"Having been granted leave to remain as Tier 2 (Intra-Company Transfer: Long Term Staff) Migrant, you are restricted to working for the sponsor that assigned your Certificate of Sponsorship. If you wish to change your employer to a different sponsor, the new sponsor will be required to assign you a Certificate of Sponsorship. You should then make a fresh application for leave to remain using the appropriate application form and paying the appropriate fee, no more than 3 months prior to the start date of your new employment."

By reading this my understanding was, I can change the sponsor with in U.K without serving cooling off period. I mean, we can switch to Tier 2 general, if I found any sponsor.

Correct me if I am wrong and share your thoughts on this please..

Thanks
Dhana