# Tier 2 ICT short term visa to TIER 2 ICT Long term Visa



## simranmehra (Sep 20, 2014)

I have been working in the UK for past 8 months and I am on TIER 2 ICT short term staff visa. I am trying to switch to a new Employer in the UK and had a few questions related to it. 

1. Can I switch employer when on Tier 2 ICT short term staff visa while I am in the UK ?

2. My probable new employer is reedy to have me on a TIER 2 long term staff visa or Tier 2 general visa , so is it possible legally to switch from short term to TIER 2 long term staff visa without having to go back to home country ?

Thanks in advance for your response


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## nyclon (Apr 3, 2011)

simranmehra said:


> I have been working in the UK for past 8 months and I am on TIER 2 ICT short term staff visa. I am trying to switch to a new Employer in the UK and had a few questions related to it.
> 
> 1. Can I switch employer when on Tier 2 ICT short term staff visa while I am in the UK


No.



> 2. My probable new employer is reedy to have me on a TIER 2 long term staff visa or Tier 2 general visa , so is it possible legally to switch from short term to TIER 2 long term staff visa without having to go back to home country ?


No. You can't switch from a Tier 2 ICT to Tier 2 General if you received your visa after 6 April 2010. There is a 12 month cooling off period. You must return to your home country and can apply after 12 months.


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## simranmehra (Sep 20, 2014)

Thanks a lot for your reply.

But can I not switch to TIER 2 ICT long term staff without having to go through the cooling period ?

If the new employer is ready to apply for TIER 2 ICT long term staff visa I go do so without returning to home country.

Really appreciate your help here


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## nyclon (Apr 3, 2011)

simranmehra said:


> Thanks a lot for your reply.
> 
> But can I not switch to TIER 2 ICT long term staff without having to go through the cooling period ?


No. 



> If the new employer is ready to apply for TIER 2 ICT long term staff visa I go do so without returning to home country.


No.

Tier 2 ICT stands for Inter-company transfer. You can't have an inter-company transfer from a new employer from within the UK if you are already in the UK on an inter-company transfer from another employer.


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## lovestravel (Apr 9, 2012)

If they pay you more than £153,300 per year then you are not subject to the 12 month cooling off period. You must return to your home country to apply. If it is tier 2 general visa it either needs to be on shortage occupation list or they have to conduct a resident market test to prove there are no eu citizens they can hire. 

Do they have a current sponsorship licence? If they don't it can take 4-6 months to get a sponsorship license unless they expedite it.


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## simranmehra (Sep 20, 2014)

Thanks for your responses.

I think they would have sponsorship license.By Sponsorship license you mean the ability to provide a COS right ?

Also as per the responses I received ,I think I cannot switch while in the UK ? Am I getting you right ?

Can my current employer file for an extension to long term ICT for me in the UK or should I go back to home country and then my current Employer can apply for long term ICT ?

I have heard there is no cooling period in applying for long term ICT from home country , is that right ?

Lastly if I switch employers in my home country , would the cooling period still be applicable to me ?

Thanks in advance for your response.


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## lovestravel (Apr 9, 2012)

I believe your current employer can extend your current contract from within the uk but you might want to double check with immigration attorney.

If you want to switch categories or employers you have to return to your home country to apply no matter what. You cannot apply from within uk.

The 12 month cooling off period is only waived if your salary will be £153,300. You still have to return to home country no matter how much they offer. If your salary is less than that amount then you have to wait 12 months to apply for a fresh visa.


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## simranmehra (Sep 20, 2014)

Thanks for your quick response.

It is really helpful.Could you please let me know which category of visa you are referring to for no cooling period. Is it Tier 2 ICT long term staff or Tier 2 general visa or something else ?

Please let me know


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## lovestravel (Apr 9, 2012)

You can only apply for tier 2 ICT if you have been employed by someone for over a year so if you go work for someone new then you would be subject to working for the for over a year outside of the uk anyway. If you want to go work for someone new then you are either subject to a 12 month cooling off period UNLESS they want to pay you at least £153,300 a year minimum. It doesn't matter the category.

Are they offering you £153,300 or more? If not- then the only choice you have is to extend your current contract with your current employer or leave uk for at least 12 months before applying for fresh work visa.


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## simranmehra (Sep 20, 2014)

Thanks once again for your response.

I am not sure of the pay package that the new employer will offer at the moment. 

Also when you say my current employer can extend my contract or stay in the UK while I am in the UK,please can you let me know which category of visa you are referring to here ?

I am currently on Tier 2 short term ICT.


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## lovestravel (Apr 9, 2012)

You can consult an immigration attorney to address specifics about extending your current contract. We use Kingsley napley in London.


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## nyclon (Apr 3, 2011)

I have already answered your question above. You cannot switch from ICT short term to long term staff from within the UK. 

From the Tier 2 guidance: 


Switching

15.You can apply from inside the UK if you have, or were last granted, leave in one of the categories listed in the table below

Switching into Tier 2 (Intra-Company Transfer: Long Term Staff

• Tier 2 (Intra-Company Transfer: Established Staff), under the rules in place before April 6 April 2011
• Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010
• Intra Company Transfer work permit holder (except multiple entry work permits)
• Representative of an Overseas Business (this includes representatives of overseas media companies)
In all cases, you must be still working for the same employer named on your previous application.

https://www.gov.uk/government/uploa...chment_data/file/339387/T2_guidance_08-14.pdf


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## simranmehra (Sep 20, 2014)

Thanks a lot everyone for your responses.

I had one last query - 

Can I switch from Tier 2 to Tier 1 (I think there are 3 categories of tier 1 for which you can still apply ) from the UK, without returning to home country.


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## Joppa (Sep 7, 2009)

Yes, generally, but which category of Tier 1 are you thinking of? They are difficult to qualify or have high financial requirement.


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