Tier 2 ICT - Cooling Off Period - How is it calculated

Hi there, im aware that ICT Tier 2 has 1 year cooling off period before one can switch to tier 2 general visa.

I need more information on how the 1 year cooling period is calculated.

1. The applicant needs to cancel the existing Tier 2 ICT and stay away from UK for one year. Then get a sponsor to apply Tier 2 COS.
Or
2. The applicant can still get paid in UK, pay tax/NI, leave Tier 2 ICT active, but just work from a different country. NOT enter UK for 1 year. EG: I will have my tier 2 ict visa valid, but just i will work from France for 1 year and not enter UK for 1 year. After 1 year will ask my company to sponser tier 2 general.


any help is much appreciated.

The sponsor needs to report to UKVI about T2 ICT curtailment within 10 days of you leaving UK. The start of cooling-off period will be from the actual date you leave UK. Please ensure you keep your tickets, boarding pass hubs safely. If they do not report and your visa remains active, the cool-off will not commence formally even if you are outside UK. Plus, it will jeopardize the sponsor licence for not carrying out his duties.

thank you moonlight55 for your quick reply.

Just a follow up clarification. Once Tier 2 ICT is cancelled, obviously i cant receive my salary in UK. So the employer have to transfer me to a different country.

But just to confirm - Is it possible that even after they cancel my visa, can I get paid here in UK and be an employee of UK, working from a different location? I can ask my HR to provide me a transfer letter to state that i was temporarily transferred to a different country.

Not sure about this. You will not find it in any UKVI documentation. Maybe someone who had similar experience or experts here can comment. The question is - can you be paid in a country for which you don't possess a resident permit. It may not be an immigration issue and maybe more related to an organisation's policy.

Cheers.

Can anyone else or experts in this forum comment on my query please?