Tier 2 ICT Long term to Tier 2 General switch - cooling off

[manku]

Hi,
I entered the UK in July 2009 on a Tier 2 ICT visa(Established staff I think - the visa only says ICT Migrant). I renewed this visa in July 2012 (it now says Tier 2 ICT Long Term) with the same employer and I am still in the UK. I now have an offer from a different company and I am trying to figure out if I can switch in country and if the cooling off period applies. I have read the many previous posts on this topic and the rules, but I havent been able to arrive at a definite answer.

The rules seem to state that one can switch into Tier 2 general without a cooling off period if the Tier 2 ICT leave was last granted under the rules in place before 6 April 2010 if you are applying to change sponsor;

My question is - Since I renewed my Tier 2 ICT visa in July 2012, am I now considered to be in the "last leave granted *after* 6 april 2010" category and hence am subject to the cooling off period and having to go my home country to switch? Or does the last leave apply to the *first* time i got leave under that category i.e July 2009.

Thanks very much for any advice/answers.
-manku

[manci]

You can switch to Tier 2 General in-country without any cooling-off period.

Immigration rule 245HD states that the requirement for leave to remain in the Tier 2 General category is that:

"An applicant who has ...leave as a Tier 2 ICT migrant must have previously had leave as a Tier 2 ICT migrant ... in the Established Staff sub-category under the rules in place before 6 April 2011"

Before you accept the job offer make sure that the company has a T2G sponsor licence and CoS allocation for the current year. Don't give notice to your current employer before a CoS is actually assigned to you.

[manku]

Thanks very much manci.