Tier 2 ICT to Tier 2 General under the new rules.

[AvinashProdduturi]

Hi Team,
With a draft version out about the points based system, Will a Tier 2 ICT Applicant ,currently in UK, be able to switch to Tier 2 General, provided he gets a sponsor.

Looking at points 26,27,28 about switching, looks like it is possible?

https://www.gov.uk/government/publicati ... -statement

Thanks,
Avi

[SKJ1984]

"However, there will be no relaxation of the qualifying criteria for the route being
switched into. A migrant will still have to meet the requirements for that route."

Refer to Table 12 and points 105 - 109

Looks like they can switch without cooling with a clause

"108. We will also adjust the existing “cooling off” rules as they apply to intra-company
transfers to ensure the future system makes more flexible provision for shorter-term
assignments. We plan to replace the existing rules with a rule that more simply
requires that an overseas intra-company transfer must not hold entry clearance or
leave to enter or remain as an intra-company transferee for more than five years in
any six-year period, except where they qualify to be granted up to nine years on the
basis of their salary. "

[AvinashProdduturi]

Thanks SKJ.

Does it mean it is possible to switch from ICT to Gen. Or Am I right in assuming, one can switch only if all 5 years is completed.

Thanks,
Avi

[CR001]

Thanks SKJ.

Does it mean it is possible to switch from ICT to Gen. Or Am I right in assuming, one can switch only if all 5 years is completed.

Thanks,
Avi

No one can answer that until UKVI publish or update the Immigration Rules based on new PBS routes.

[AvinashProdduturi]

Agreed. Thanks.

Just thought of checking if there was something evident in the draft version, I might have missed.

Guess time will tell after the rules get published.

Thanks,
Avi

[SKJ1984]

Yes. Too early to predict or comment. No one can tell as CR said. These things will gather momentum once it is published and people start trying out these.

One thing obvious from the draft is they are considering ICT cases and cooling off scenarios.

My interpretation: (Could be wrong)
ICT with less than 5 years(in 6 year block) visa could switch in country without cooling. - Again this puts question on whether they could stay only upto 5/6 years including their ICT years and serve cooling

ICT with 5 years and above will need to serve cooling.

So lets wait and watch.

[KingFAM]

Point no. 107 says:

“The route will not provide an avenue to settlement. Those admitted on the route will, however, be permitted to switch into the Skilled Worker route whilst still in the UK if they meet the qualifying requirements for that route.”

And my understanding on point no. 107 is:

The route (ICT Teir 2) will not provide an avenue to settlement (that means that you will not be able to get IRL if on ICT Tier 2). Those (already) admitted on the route (ICT Tier 2) will, however be permitted to switch into the Skilled Worker route whilst still in the UK if they meet the qualifying requirements for that (Skilled Worker) route.

Point no 27 says:

Under the Points-Based System, we will allow most migrants to apply to switch from one immigration route to another without having to leave the UK. This will support employers in retaining the talented staff that they have invested in.

Point no 28 says:

However, there will be no relaxation of the qualifying criteria for the route being switched into. A migrant will still have to meet the requirements for that route. They will also have to pay the same fees, relevant charges, and complete the same application.

Point no 29 says:

There will be no right to switch in the UK for work or study for those on short-term routes such as visitors and seasonal workers. (This means that ICT Tier 2 visa is not restricted and therefore, ICT Tier 2 visa holders can switch their visas to Skilled Worker in the UK).

Now coming to the point no. 108. It says:

We will also adjust the existing “cooling off” rules as they apply to intra-company transfers to ensure the future system makes more flexible provision for shorter-term assignments. We plan to replace the existing rules with a rule that more simply requires that an overseas intra-company transfer must not hold entry clearance or leave to enter or remain as an intra-company transferee for more than five years in any six-year period, except where they qualify to be granted up to nine years on the basis of their salary.

My understanding on the point no. 108 is that it applies to those who have already gone back to their home country after spending the ICT Tier 2 period in the UK and now want to come back again under ICT Tier 2, the cooling off period of 12 months will apply on them. So they cannot come back again with second ICT Tier 2 visa during the cooling off period. Although, if anyone wants to come back for a short term assignment during the cooling off period, they are creating some flexibility in that.

Conclusion:

I think, it is very clear from above points that current ICT Tier 2 visa holders can apply for Skilled Work visa while being in the UK without serving the cooling off period.

Now the question:

If ICT Tier 2 visa holders are allowed to switch to Skilled Worker, will their time spent in ICT Tier 2, be included towards 5 years ILR route?

[CR001]

Now the question:

If ICT Tier 2 visa holders are allowed to switch to Skilled Worker, will their time spent in ICT Tier 2, be included towards 5 years ILR route?

No it won't, because ICT doesn't have a path to settlement, except under 10 years long residence. You would still need 5 years on another ILR qualifying route.

[CR001]

Now the question:

If ICT Tier 2 visa holders are allowed to switch to Skilled Worker, will their time spent in ICT Tier 2, be included towards 5 years ILR route?

It is not necessary to start a new topic asking the same question you have already asked, which has been answered.