Tier 2 ICT Cooling Period relaxation changes from Apr2017

[cuckobirds]

Hi all,

Good day,

Thank you for clarifying most of the answers in forum FAQ section. However, i did not find an answer for my specific question around Cooling-off period . Hence raising this as a new topic.


As per the latest FAQ on Tier 2 Point based systems

https://assets.publishing.service.gov.u ... evised.pdf

In section 23, it is mentioned that cooling-off periods is not applicable if the annual gross salary of 120,000 GBP is offered.

Experts in this forum , could you confirm, whether employee E could move from existing Tier 2 ICT with employer X to Employer Y under Tier 2 ICT itself, when the gross salary is greater than 120,000 GBP.

Refer the details below
<< Cooling-off periods
23. Please note that for those who had successful applications for leave in one of the following
categories:
• a Tier 2 (Intra-Company Transfer) applicant in the Short Term Staff (now closed) or
Graduate Trainee sub-categories will be granted leave for no longer than 12 months;
at which point you must leave the UK and you will not be able to re-apply for further
leave under an Intra-Company Transfer category (other than in the Long Term Staff
sub- category or if you will be paid an annual gross salary of £120,000 or higher, or
where you were only being sponsored in Tier 2 (as recorded by the Certificate of
Sponsorship) for a period of 3 months or less) until 12 months after your last leave as
an Intra-Company Transfer migrant expired or 12 months after you left the UK,
whichever is sooner.
• a Tier 2 (Intra-Company Transfer) applicant in the Long Term Staff sub-category will be
granted leave up to 5 years. You will not be able to extend your stay beyond 5 years
(or 9 years for any staff earning £120,000 or more) and you will not be able to re-apply
to return to the UK under an Intra-Company Transfer category until 12 months after
your last leave as an Intra-Company Transfer expired or 12 months after you left the
UK, whichever is sooner, unless you will be paid an annual gross salary of £120,000 or
higher or where you were only being sponsored in Tier 2 (as recorded by the
Certificate of Sponsorship), for a period of 3 months or less. >>>>>>