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Tier 2 ICT - Cooling Off Period

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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zonepiyush
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Tier 2 ICT - Cooling Off Period

Post by zonepiyush » Sun Apr 15, 2012 2:59 pm

Hi,

I am currently on Tier 2 Intra Company Transfer (ICT) for a period of 1 year. My visa expires in Jan 2013.

So if I want to change my employer or join a new job then would I have to wait for the 1 year Cooling Off period and then only initiate the process (which in my case is Jan 2014). Even if I switch the category from Tier 2 ICT to Tier 2 General would the cooling off period be still applicable.

Thanks in advance.

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Apr 15, 2012 8:16 pm

Hi Zonepiyush

If you are in the Tier 2 ICT Short Term Staff category, which I think you are from the information you gave, then the 12 months cooling-off period will indeed apply to you if you want to return to the UK as a Tier 2 General migrant.

The only way you can remain in the UK after the expiry of your current leave is if you switch from Tier 2 ICT Short Term Staff to Tier 2 ICT Long Term Staff.

zonepiyush
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Joined: Sun Apr 15, 2012 2:36 pm

Post by zonepiyush » Mon Apr 16, 2012 8:32 pm

Hi Manci,

Thanks for you reply.

When you say:

"The only way you can remain in the UK after the expiry of your current leave is if you switch from Tier 2 ICT Short Term Staff to Tier 2 ICT Long Term Staff."

This would mean that I cannot switch my current company(employer).

One more question can my current employer process my Tier 2 ICT Long Term Staff with me being in UK only (without returning to my home country for visa renewal).

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Apr 17, 2012 10:44 am

Hi Zonepiyush

If you are in the Tier 2 Short Terms Staff category at present you can only change sponsor/employer if you leave the UK, wait for the 12 months cooling- off period to pass, and then apply (after having been assigned a CoS).

Regarding your second question - you can definitely change from Tier 2 ICT Short Term to Long Term Staff without the cooling-off period applying but I'm not sure if this can be done in-country or only from abroad. Unless somebody else provides the answer suggest you phone UKBA Immigration Enquires (0870 606 7766) and post on the Forum the answer they give

I expect you know that the pay requirements for T2 ICT Long Term Staff are higher than for Short Term Staff.

mrmanojrai
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Post by mrmanojrai » Tue Dec 11, 2012 11:10 pm

manci wrote:Hi Zonepiyush

If you are in the Tier 2 Short Terms Staff category at present you can only change sponsor/employer if you leave the UK, wait for the 12 months cooling- off period to pass, and then apply (after having been assigned a CoS).

Regarding your second question - you can definitely change from Tier 2 ICT Short Term to Long Term Staff without the cooling-off period applying but I'm not sure if this can be done in-country or only from abroad. Unless somebody else provides the answer suggest you phone UKBA Immigration Enquires (0870 606 7766) and post on the Forum the answer they give

I expect you know that the pay requirements for T2 ICT Long Term Staff are higher than for Short Term Staff.
Can any one got his T2 ICT short term converted in ICT Long Term while living in UK?
I need that information. Any help will be appreciated.

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