Tier2 ICT to Tier 2 General Visa

[anshuman9969]

I was on a Long term Staff Tier 2 ICT visa with the validity of 60 days. Now the same employer wants to sponsor for Tier 2 General. MY COS has been approved for the Tier 2 general. This is 8 months after I came back from the UK. Will the cooling off period still apply?

[CR001]

An ICT Long Term visa would not usually have been valid for only 60 days.

What dates were your CoS and visa valid and expiry for?

Are you aware of the highlighted rule below?

245HD(c) applies...

(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,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

So,
1. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or
2. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011,

then switching is allowed.

[gag285]

I think the OP may have stayed only 60 days on a Tier 2 ICT long term which they think was the validity but i could be wrong. Either ways, the Tier 2 General can only be applied 12 months after they returned assuming it is unlikely the long term leave from rules in place before 2011 was existing in 2018

[anshuman9969]

It was "Tier 2 ICT Long Term Staff Migrant" Valid from 06/09/2018 till 29/11/2018. and I stayed from 08/09/2018 till 04/11/2018.

[anshuman9969]

i believe 245HB(g) would apply

"(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:
(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £159,600 per year or higher."