Effect of 2015 new rules on T2 ICT

[Singhrot]

I am on T2 ICT (Long Term Staff) visa sponsored from my employer.
I entered in UK on Oct, 2015 and visa validity also started from Oct 2015.
My wages are 43,500 GBP annually.

Somebody told me that if wages are above certain limit, then stay would be counted for ILR and I can also switch visa from within UK. I have some questions if somebody can help me to clear these. Please consider my visa validity time and wages while answering questions.

My stay in UK on this T2 ICT visa would be counted against ILR ?
Can I switch from T2 ICT to T2 General from within UK ?
Can I switch from T2 ICT to Tier 1 (Entrepreneur) visa from within UK ?

[jigar_shah]

I don't know answer to all your questions. But for 1st question, i am sure that no ICT visas will convert to ILR irrespective how much is your salary. Only route to settlement under tier 2 is via T2 General category.

[CR001]

The salary concession you are referring to is a salary in excess of £155k so you do not earn anywhere near that amount.

Your visa if only obtain this year, does not lead to settlement/ILR.

To apply for Tier 2 General, you have to apply from your home country and your sponsor has to go through the proper RLMT process. 12 month cooling off period might also apply to you.

[jigar_shah]

£155k concession is to extend continuous leave from 5 years to 10 years. That also does not qualify for ILR and migrant has to go back for cooling off.

[CR001]

There are slightly different rules regarding switching to Tier 2 G if you earn at that level and are on the shortage occupation list.

[Singhrot]

I am switching from T2 ICT Long Term Staff (3 years) visa to T2 General from different sponsor. Then how this cooling off period is going to effect me ?

[CR001]

You have to leave the UK and wait 12 months before you can apply/return, hence being called 12 month cooling off period.

[Singhrot]

You have to leave the UK and wait 12 months before you can apply/return, hence being called 12 month cooling off period.

Then it is going to kill my planes. Let me explain a bit about my plan to see all possibilities.

I entered UK in Oct 2015 on T2 ICT Long Term Staff visa. In November, I realized that stay in UK on this visa will not be counted against ILR. I decided to change it to T2 General with different sponsor. I started looking for a new permanent job. I got it now and they are willing to sponsor me on T2 General.

Now the question is -
Even if new employer is willing to sponsor, how can I get T2 General visa to join this job if cooling off period applies ?
Any other thing I can do to to join this job ?
Any recommendation to execute my plan ?

[CR001]

There are no exceptions to the cooling off period. It will apply to you regardless of your plans. You would have been better off applying for jobs and a Tier 2 G visa to start off with if you wanted to move on to ILR at some point. Tier 2 ICT has not lead to ILR for a number of years now, so not anything new.

Is your potential new employer on the approved Tier 2 G sponsor list?

The only options you could possibly have is if you switch to a Tier 2 G dependent (if your partner gets a Tier 2 G) or if you have a spouse who is on ILR or a British Citizen and you switch to a spouse settlement visa.

[Singhrot]

There are no exceptions to the cooling off period. It will apply to you regardless of your plans. You would have been better off applying for jobs and a Tier 2 G visa to start off with if you wanted to move on to ILR at some point. Tier 2 ICT has not lead to ILR for a number of years now, so not anything new.

Is your potential new employer on the approved Tier 2 G sponsor list?

The only options you could possibly have is if you switch to a Tier 2 G dependent (if your partner gets a Tier 2 G) or if you have a spouse who is on ILR or a British Citizen and you switch to a spouse settlement visa.

Is your potential new employer on the approved Tier 2 G sponsor list - YES