Tier 2 ICT Job Switch

[jup11]

Hi,

I am on Tier 2 ICT visa (COS issued in 2017 for 2 years) and I would like to switch job for a new employer who is ready to sponsor me for tier 2 General. I understand that switch from tier 2 ICT to tier 2 general is not allowed within the UK unless GBP 1,59,600 criteria are met otherwise cooling off for 12 months apply. My question is:

1. Can I take a job offer from my new employer and return to my home country, work for another year and come back again to the UK on Tier 2 general?

2. Also, the new employer does not have any working office in my home country so how are they supposed to sponsor me after 1 year given that HO says that 12-month cooling-off applies?

3. Does this cooling-off period mean, if new employer does not have an office in the home country then I should return to home country, continue within my current organization for another year and then apply for jobs in the UK and get a tier 2 general sponsorship?

[CR001]

I understand that switch from tier 2 ICT to tier 2 general is not allowed within the UK unless GBP 1,59,600 criteria are met otherwise cooling off for 12 months apply.

What salary are you being offered?

1. Can I take a job offer from my new employer and return to my home country, work for another year and come back again to the UK on Tier 2 general?

No it won't work. RLMT, if a non shortage job, is only valid for 6 months. A RCoS is also only valid to use for 3 months.

2. Also, the new employer does not have any working office in my home country so how are they supposed to sponsor me after 1 year given that HO says that 12-month cooling-off applies?

There is NO requirement to work for the employer for 12 months if you are applying for TIER 2 GENERAL!!

3. Does this cooling-off period mean, if new employer does not have an office in the home country then I should return to home country, continue within my current organization for another year and then apply for jobs in the UK and get a tier 2 general sponsorship?

Cooling off period has nothing to do with whether a new sponsor has an office abroad or not. Working for a sponsor in home country is ONLY relevant to Tier 2 ICT visas.

[jup11]

Hi,

Thank you for your response. I have a few more questions based on your answers. Could you please clarify below questions-

I am being offered GBP 90,000 from a new job with a sponsorship. I believe if I resign from my current organization, they would cancel my sponsorship effectively making my current ICT visa invalid. Is that true?

Can I switch from my current ICT visa from my current employer to Tier 2 general visa which is being offered from the new employer?

Will the cooling period applies in this case?

Will I have to return to my home country and make a new visa application under Tier 2 general visa?

[CR001]

I am being offered GBP 90,000 from a new job with a sponsorship. I believe if I resign from my current organization, they would cancel my sponsorship effectively making my current ICT visa invalid. Is that true?

Your employer would notify HO within 10 days after your last date of employment. Your ICT will likely be curtailed to 60 days validity. How long the curtailment letter takes varies from a couple of weeks to a couple of months.

Can I switch from my current ICT visa from my current employer to Tier 2 general visa which is being offered from the new employer?

No you cannot. My previous advice remains the same.

Will the cooling period applies in this case?

Yes. You would only be exempt of the cooling off period if you are offered a salary of £159,600pa.

Will I have to return to my home country and make a new visa application under Tier 2 general visa?

Yes, as you are subject to the 12 month cooling off period.

[jup11]

Hi,

Thank you for the responses. Sorry for dragging this a bit long, just a little bit of further advice needed on visa curtailment.

You mentioned, that my current employer would notify HO about my last employment date and it is very likely when the sponsorship cancellation is submitted in SMS, Visa validity would be curtailed to 60 days.

So, assuming the current Tier 2 ICT visa is curtailed to 60 days and I have left the current employer by resignation. Then I can legally stay in the UK for another 60 days and look for another sponsor who could give me a Tier 2 sponsorship?

If the answer to the above question is yes, the will the 12-month cooling-off period does not apply in this case? or does it not matter as I no longer associated with the employer who sponsored my Tier2 ICT visa?

[CR001]

The 12 months cooling off still applies unless you are being offered a substantial salary as already stated. You cannot apply for tier 2 General if you have held a tier 2 ICT in the last 12 months. The cooling off period starts when you leave the UK.

60 days curtailment starts when you get the curtailment letter from HO and not from when you left your job

Note that if you are no longer employed by your sponsor, you cannot do any other work.