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Your sponsoring employer should be advising you about this.
My employer is saying its fine with restricted Cos with new hire. Just wanted to get it confirmed.
Your employer is mistaken. Immigration Rules Part 6a - 245HB g(i) clearly states the rules if you are a Tier 2 ICT visa holder applying from outside the UK. Restricted CoS is for applications outside the UK, you are therefore subject to the cooling off period unless you are being offered a salary of £159,600pa.
(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.
