I initially came in Tier 2 ICT Established staff visa stamped on 31/Mar/2011. Extented within UK many times now and wanted to switch to tier 2 general on a different sponsor. Close to 7 years now. As per the Visa guidance (Tier_2_Policy_Guidance_01_2018__2_.pdf) I can see that Clause 71 says that there is a cooling off period.
"Please note that if you have had a grant of leave for entry clearance, leave to enter or
remain as a Tier 2 Migrant at any time during the 12 months immediately before your date
of application, unless you were only being sponsored in Tier 2 (as recorded by the
Certificate of Sponsorship) for a period of 3 months or less, you will not be able to apply for
further leave under Tier 2 unless one of the following applies:
i. you were not in the UK with leave as a Tier 2 Migrant at any time during the above 12
month period immediately before your date of application and you can provide evidence
to show this has been met as set out in paragraph 72 below, or
ii. the salary for the job that the Certificate of Sponsorship Checking Service shows you
are being sponsored to do (including any allowances listed as acceptable for this
purpose in paragraph 79 of Appendix A of the Immigration Rules) is £159,600 or
higher"
The link here says I can still switch: https://www.gov.uk/guidance/immigration ... sed-system.
Section:
> Tier 2 (General) Migrants, Tier 2 (Minister of Religion) Migrants and Tier 2 (Sportsperson) Migrants
>>> 245HD. Requirements for leave to remain
(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:
(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,
But the guidance says I cant.
Please help as I am really confused.
My questions:
Does this cooling off period apply to me?
Can I still apply from within or outside UK without the cooling off period?
Can I get the ILR by the 10 year route if I switch to Tier 2 General now? I only have 3 years left to reach there.
