Is it possible to shift from ICT Short Term Visa [ Company -X] to Long Term VISA [ Company -Y]

[arunnegi82]

Hi All,

I have few queries regarding ICT VISA

I was on a Tier 2 (ICT - Short Term Staff ) with company-X and below were the dates mentioned on my COS
Start date: 10 April 2017
End date: 09 April 2018

I am no longer with company-X and have exited UK as of 23 March 2018.
Company-Y is willing to sponsor my ICT Long Term VISA starting September.

- Is the above possible given that its a different company that is willing to sponsor the Long Term VISA?
- Is there any cool off period involved in between?
I found below text in Page 10, paragraph 23 of pdf, although confusing but seems to suggest no cool off period. https://www.gov.uk/government/uploads/s ... 18__2_.pdf

a Tier 2 (Intra-Company Transfer) applicant in the Short Term Staff or Graduate Trainee sub-categories will be granted leave for no longer than 12 months; at which point you must leave the UK and you will not be able to re-apply for further leave under an Intra-Company Transfer category (other than in the Long Term Staff sub- category or if you will be paid an annual gross salary of £120,000 or higher, or where you were only being sponsored in Tier 2 (as recorded by the Certificate of Sponsorship) for a period of 3 months or less) until 12 months after your last leave as an Intra-Company Transfer expired or 12 months after you left the UK, whichever is sooner.

Regards,
Arun

[CR001]

Is company Y offering a salary of £120,000 or more per annum??

until 12 months after your last leave as an Intra-Company Transfer expired or 12 months after you left the UK, whichever is sooner.

The last sented IS the coolig off period!

[arunnegi82]

Thanks for the response

No, Company-Y is not offering salary over 120K. It is comparatively much lower in 5 figure range.

So if i get it right, the 12 month cool off period holds only if re-applying for short term visa. In case of a Long term visa it should not apply as it is mentioned in brackets as one of the exceptions.
Hope my understanding is correct?

( Exception 1==> other than in the Long Term Staff sub- category or
Exception 2 ==> if you will be paid an annual gross salary of £120,000 or higher, or
Exception 3 ==> where you were only being sponsored in Tier 2 (as recorded by the Certificate of Sponsorship) for a period of 3 months or less)

[CR001]

1. There is no longer an ICT Short Term visa. This was withdrawn last year.

2. If you are not being offered at least £120,000, the requirment is that you must have been working for the sponsoring company in your home country for a period of at least 12 months and have evidence of this before you can apply for an ICT visa.

3. You could of course look at Tier 2 General which does not have the pre-employment criteria, but you still need to serve the 12 month cooling off period, calculated from the date you left the UK.

[arunnegi82]

hmm the odds are heavy against me

I do have an option to come as a dependent on my wife but i guess whenever i exit UK i would still need to serve the 1 year cool-off to be eligible for Tier2 General?

[CR001]

12 months on a dependent visa will be your cooling off period and the cooling off period is still counted from the date you left the UK on ICT.

What visa category does your wife hold?

[arunnegi82]

My Wife is on a ICT Long Term VISA.

So does it mean i can be on a dependent's VISA and work a year in UK and then be eligible to switch to a General or an ICT VISA as i would have served the cooloff period?

[arunnegi82]

Sorry ignore the earlier post!

So does it mean i can be on a dependent's VISA and work a year in UK and then be eligible to switch to a General VISA as i would have served the cooloff period?

[CR001]

Sorry ignore the earlier post!

So does it mean i can be on a dependent's VISA and work a year in UK and then be eligible to switch to a General VISA as i would have served the cooloff period?

Yes. You will still need to meet the requirements for Tier 2 General and apply from your home country.

[arunnegi82]

Thank you so much for your reverts!
Really helped clear things

Will look into the requirements for Tier 2 General Visa