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Tier2 ICT Switch to Tier2 Gen - FAQ Clarification needed

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

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basilthomas8
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Joined: Fri Sep 30, 2016 4:49 pm

Tier2 ICT Switch to Tier2 Gen - FAQ Clarification needed

Post by basilthomas8 » Fri Sep 30, 2016 4:58 pm

Hi,

I am in the UK on Tier 2 ICT Long Term issued in Nov 2013 and due a renewal Nov 2016. I was reading information about a change in Visa category to Tier 2 Gen but understood that its more or less impossible without cooling off period.

Can any of the gurus confirm what they mean by and/or in the Q4 clarification under FAQs - From Tier 2 (ICT) to Tier 2 (General) / ILR page (http://www.immigrationboards.com/uk-tie ... 98916.html)

<Quote>
unless the applicant will be paid >£155000pa which exempts the applicant from the "cooling-off period" requirement and/or the applicant has a job listed in the shortage occupation list which exempts the applicant from the "resident labour market test" requirement.

(245HB(g) and Tier 2 policy guidance)
<Quote>


The question would be, if I let the existing Tier 2 ICT expire in Nov 2016 and apply for a Tier 2 Gen from home Country(CoS same employer) for a job listed under shortage occupation list then will cooling off be applicable?

Thanks in advance,

Basil Thomas

poper
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Posts: 1060
Joined: Mon Aug 13, 2012 11:45 am
India

Re: Tier2 ICT Switch to Tier2 Gen - FAQ Clarification needed

Post by poper » Sat Oct 01, 2016 5:19 pm

Yes, 12 months cool off period unless proposed pay is > £155300 pa
Experts can confirm
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

moonlight55
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Posts: 1159
Joined: Wed Feb 23, 2011 1:42 pm

Re: Tier2 ICT Switch to Tier2 Gen - FAQ Clarification needed

Post by moonlight55 » Sat Oct 01, 2016 10:11 pm

Yes, it will be applicable unless you are paid > 155,300. Having a job in SO list will exempt the employer from doing RLMT, not your cool-off period.

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