Tier 2 ICT -> Spouse Visa -> Tier 2 General

[paldorei028]

Hi all,

Am a non-EEA national on Tier 2 ICT since September 2016. I married my partner of 2 years who is a British citizen at end of last year. However, due to the Covid issues and my visa validity still left until end of next year we were in no hurry to switch to spouse visa and just started process in July.
While doing this, I saw the new immigration rules which allow Tier 2 ICT holders to switch Tier 2 General from 2021.

Under the new system, the Tier 2 (ICT) route will be maintained. As is currently the case, workers will need to be highly skilled (at RQF Level 6 or above) and the route will not lead to settlement. However, the latest statement sets out some changes:
- The 'cooling off' rules, which were designed to stop people from abusing the system in order to gain settlement in the UK, will be relaxed. Currently, migrant workers cannot apply for a Tier 2 (General) visa if they have had leave as a Tier 2 (ICT) migrant in the past 12 months. This was the case even if the Tier 2 (ICT) migrant had only come to the UK for a few months. Under the new system, the cooling off rules will only apply if the individual has had more than five years’ leave under Tier 2 (ICT) in any 6 year period.
- After a Tier 2 (ICT) migrant finishes their five years in the UK, they can 'switch' into a Skilled Worker visa, provided they meet all the relevant eligibility requirements, without leaving the UK. Currently this is not possible and the migrant would have to leave the UK, wait a year (the 'cooling off period') before they can apply for a Tier 2 (General) visa which would then lead to settlement.

I already paid the spouse visa fee and my application is in progress. However, I have a few doubts -
1. Is it possible to switch from spouse to Tier 2 General visa in 2021 without cooling period?
2. Are companies willing to recruit candidates on spouse visas as I can see it maybe a risk for them where in the employee's immigration status is not in their control let's say if the spouse finds a new job abroad? Most companies in my field have no problem sponsoring by the way.
3. Should I only apply for Tier 2 General next year without cool off period? Is that even possible or am I misinterpreting the immigration rules? Am not worried about the count towards ILR really.
Thanks in advance

[CR001]

1. Is it possible to switch from spouse to Tier 2 General visa in 2021 without cooling period?

No. You cannot switch within the UK. You would have to leave the UK and apply from your home country.

2. Are companies willing to recruit candidates on spouse visas as I can see it maybe a risk for them where in the employee's immigration status is not in their control let's say if the spouse finds a new job abroad? Most companies in my field have no problem sponsoring by the way.

You are free to work on a spouse visa and this should be no barrier to getting employment.

3. Should I only apply for Tier 2 General next year without cool off period? Is that even possible or am I misinterpreting the immigration rules? Am not worried about the count towards ILR really.

You have to apply from home country. No one obviously has any experience of the new visa routes coming into effect in January.

[paldorei028]

1. Is it possible to switch from spouse to Tier 2 General visa in 2021 without cooling period?

No. You cannot switch within the UK. You would have to leave the UK and apply from your home country.

Hey thank you for the quick response. Just one more question -

Does cooling off period apply in this case?

[CR001]

Under the current rules, you need to have 12 months on another visa or 12 out of the UK before you can apply for Tier 2 General.

Note also that currently there is a rule in place that you cannot be sponsored for Tier 2 General by the same employer how sponsored your ICT visa. This applies to those who can apply to switch from ICT to Tier 2 General without the cooling off period, i.e. ICT issued before April 2011.

Unsure if there will be a similar rule with the new PBS routes from January.