Moving from Tier 2 ICT to Tier 2 General

[anonsainuk]

Hi,

I am in an interesting situation. For some background, I am a South African working in the UK under the Tier 2 ICT transfer visa valid from May 2017 to 2019.

I am at the final stages of a new job interview and I would love to proceed with the opportunity. I have read a lot online when it comes to switching, the cooling off period and the scenario if I get fired. Please can you share some insight into each scenario so that I can make a better-informed decision:

Question: what would be the best route to avoid the cooling off period?

Below are some of my personal scenarios that I am in:

a) I am unsure what the package of the new position would be, I believed it would be in the ballpark of £140k however, I see online that the minimum requirement to switch from T2 ICT to T2 Gen would be £159,600.

- Question: does the salary package that the home office looking for include commision? eg: £70k basic + £70k commision.
- Question: what is the latest minimum salary requirement to avoid the cooling off period? is the £159,600 minimum applicable in 2018?

b) when leaving my current job I read that if I am fired then there is a 60 day period where I am allowed to stay in the country and apply for a job and if I find a job within those 60 days I would be allowed to apply for a visa with the new company while in the country and thus my stay can continue. Should the visa be approved then I get to stay longer.

- Question: would this mean that I would be issued with an official P45?
- Question: would having a P45 work against my name and have long-term negative consequences?
- Question: would the new visa I apply under be a T2 General?
- Question: would this mean that my visa term would restart from the beginning of 2 years (should it be approved)?
- Question: would the standard visa eligibility requirements apply with regards to salary package? or does the cooling off period apply and I would need to be a high earner?
Question: would there be any long terms affects to me if this happens? such as penalties later down the line should I wish to extend my visa or if I should apply for ILR after 5 years?

Thank you very much, I know there are a lot of questions but I greatly appreciate the help!

[anonsainuk]

Hi,

Please, can you assist? Currently, I am on a tier 2 ict visa and would like to change employers. My guess is that I would need to switch to tier 2 general.

Please, can you confirm the salary requirement to avoid the cooling off period? I have found conflicting answers online.

Do you know if the salary requirement includes commision based salary and bonuses? for example: £80 basic + £ 80 commision = £160k per year.

Thanks

[anonsainuk]

Hi

Please, may you kindly assist with my question? I am trying to avoid the cooling off period when switching from Tier 2 ICT visa to Tier 2 General visa.

I read somewhere that if I am fired from my current job then there is a 60 day period where I am allowed to stay in the country and apply for a job and if I find a job within those 60 days I would be allowed to stay in country to apply for a visa thus my stay can continue and if the visa is approved then I get to stay longer.

- Question: my main question is would this scenario help me avoid the cooling off period?
- Question: would this mean that I would be issued with an official P45?
- Question: would having a P45 work against my name and have long-term negative consequences?
- Question: would the new visa I apply under be a T2 General?
- Question: would this mean that my visa term would restart from the beginning of 2 years (should it be approved)?
- Question: would the standard visa eligibility requirements apply with regards to salary package? or does the cooling off period apply and I would need to be a high earner?
Question: would there be any long terms affects to me if this happens? such as penalties later down the line should I wish to extend my visa or if I should apply for ILR after 5 years?

Thanks

[CR001]

Hi,

Please, can you assist? Currently, I am on a tier 2 ict visa and would like to change employers. My guess is that I would need to switch to tier 2 general.

Please, can you confirm the salary requirement to avoid the cooling off period? I have found conflicting answers online.

Do you know if the salary requirement includes commision based salary and bonuses? for example: £80 basic + £ 80 commision = £160k per year.

Thanks

Page 26 and 27 in the guidance notes on what salary/allowances HO will consider. Allowances must be guaranteed.

https://assets.publishing.service.gov.u ... evised.pdf

To avoid the cooing off period, it is a salary of £159,600pa, as stated in the Immigration rules - 245HD(k)

((k) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless:

(i) the applicant’s last grant of leave was as a Tier 2 Migrant,
(ii) the applicant was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(iii) the applicant will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £159,600 per year or higher.

[CR001]

b) when leaving my current job I read that if I am fired then there is a 60 day period where I am allowed to stay in the country and apply for a job and if I find a job within those 60 days I would be allowed to apply for a visa with the new company while in the country and thus my stay can continue. Should the visa be approved then I get to stay longer.

Once you leave your current job, your employer has 10 days to notify HO and this will trigger your visa curtailment to 60 days, which starts from the date of the letter and not the date your employer notifies HO. The letters come out relatively quickly these days.

- Question: would this mean that I would be issued with an official P45?

Yes, whenever you leave an employer, a P45 is issued.

- Question: would having a P45 work against my name and have long-term negative consequences?

No.

- Question: would the new visa I apply under be a T2 General?

Ideally yes if you aim to apply for ILR at some point.

- Question: would this mean that my visa term would restart from the beginning of 2 years (should it be approved)?

Likely yes.

- Question: would the standard visa eligibility requirements apply with regards to salary package? or does the cooling off period apply and I would need to be a high earner?

See my post above.

Question: would there be any long terms affects to me if this happens? such as penalties later down the line should I wish to extend my visa or if I should apply for ILR after 5 years?

No. ICT is irrelevant to ILR anyway.

[anonsainuk]

Hi

I would like to move from the current company that I am with, which I am on a Tier 2 ICT visa, and move to a new company.

The new company is offering around £50 k basic + £50 k commision + stock options.

Questions:

• What are my options to move successfully?

• Would I need to switch visa's from Tier 2 ICT to Tier 2 General?

• Does my package meet the minimum requirements?

• I understand there is a cooling off period, can you advise here?

Thank you,