Cooling off exemption to switch to Tier2 General

[Ashvik31]

Hi There,

I need an advice. I am currently working in UK on Tier-2 ICT Visa since Apr 2014.
Can my visa be switched to Tier 2 General, if my salary is more than 155K with the current employer.
Do I need to serve 12 months cooling period with 155K+ salary ?

Looking forward to your responses.

Thank you

[rubyracer2]

Cooling off doesn't apply if you have a salary of 155K+ or the job is on the Shortage Occupation List

[poper]

i believe shortage occupation only has RLMT exemption. cool off period still applies

uk-tier-2-employer-sponsored-visas/faqs ... 98916.html

[vmtier1aspirant]

Hi There,

I need an advice. I am currently working in UK on Tier-2 ICT Visa since Apr 2014.
Can my visa be switched to Tier 2 General, if my salary is more than 155K with the current employer.
Do I need to serve 12 months cooling period with 155K+ salary ?

Looking forward to your responses.

Thank you

Hi Ashvik31,

From what i know and understand of the regulations and rules, Tier 2 ICT issued after 6-Apr-2011 cannot be switched to Tier 2 General. Moreover, a switch to Tier 2 General requires a change in employer/sponsor regardless of the £155K salary level.

Hope this helps.

Thanks,
V

[Ashvik31]

Thanks for your responses. Going through this link

uk-tier-2-employer-sponsored-visas/cool ... 29727.html

it mentions that with 155K+ salary ICT to Tier-2 General is possible. My employer is also ok to carry out a Market Labour Test.

Can I get some guidance whether its fine, as I am getting conflicting responses. Some says its possible, others says its not.

Regards

[CR001]

You are missing a key point, highlighted for you below from the link that user 'poper' provided.

Q3 - I do not qualify for settlement under the Tier 2 (ICT route). Can I switch to Tier 2 (General)?
UKV&I defines "switching" as changing immigration category by making a leave to remain application from within the UK.
Only certain Tier 2 (ICT) migrants are alowed to "switch" to Tier 2 (General). Only those who:

• 1. have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011, and
  2. not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
  3. not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

(245HD(c))

[Ashvik31]

Thanks again for a quick response and correcting my understanding.
Well the answer for my question lies in Q4 on the same link. It says :

"
Q4 - I do not qualify for settlement under the Tier 2 (ICT) route and I cannot switch to Tier 2 (General) as explained in Q3. How can I change to Tier 2 (General)?
If you are a Tier 2 (ICT) migrant that doesn't belong to the ICT categories allowed to switch (as explained in Q3), then you need to apply for entry clearance from outside the UK. Amongst other, this involves three major things:
1. Resident Labour Market Test.
2. Restricted CoS.
3. 12 months cooling-off period.
unless the applicant will be paid >£155000pa which exempts the applicant from the "cooling-off period" requirement and/or the applicant has a job listed in the shortage occupation list which exempts the applicant from the "resident labour market test" requirement.?"

--> That means I can be exempted from cooling off with 155K+ as long as I apply for the change of Visa from outside of UK.

Regards

[hitsis]

Entry clearance is needed, not switching.
Note the salary requirement is now £159,600+.