# Urgent:switching visa from Tier 2 Short term Intra company transfer to Tier 2 general



## utopian (Nov 21, 2012)

Hi Friends,

I've landed in a very tricky situation which is as below, request you to please guide me here.

Situation :

I was granted a Tier 2 short term Intra company transfer visa in Jan 2012. It was valid for 1 year until Jan 2013. I was being paid GBP 36K during this time. I worked through an Indian company for one year and as the visa expired I've returned back to India. 

As per the UKBA rules, one cannot travel to UK again after the expiry of 'Tier 2 ST ICT visa' as there is a cooling off period of 1 year. (I'm not sure if this applies only for those who intend to travel to UK again on 'Tier 2 ST ICT' visa , OR it is in general for all work visas)

The tricky situation is, after coming back to India, I have got a job in UK which is paying me > GBP 50K. The company has provided me CoS (Certification of Sponsorship) number and I'm in the process of initiating a 'Tier 2 general Visa'.


However my concerns are 

1) Can I travel to UK again on 'Tier 2 general visa' while I'm still serving the cooling off period from 'Tier 2 ST ICT' visa?.

OR

2) Do I have to inevitably wait for 1 complete year before travelling to UK again on Work Visa? (which means I'll have to let go this Job offer).


I tried to find in the net if somebody had faced the similar situation before, unfortunately couldn't.

Also, I'm unable to talk to UKBA officals, as their numbers are always busy and keeps me waiting for close to 30 minutes every time before getting disconnected.

I contacted 'Y-axis' and followed up with them for couple of days, but they never got back to me.

As this is a very peculiar case and needs to be resolved ASAP, Could you please help me out with a way to come out of this crisis

Also, please suggest any solicitors or attorneys (in India/UK) who are expert in these matters.

Eagerly waiting for a response

Best Regards,
Utopian


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## kgukba (Mar 28, 2013)

*Help*

Hi,
I am in the exact scenario with my ICT (Short Term) visa valid till June 2013. But, I have a A Grade sponsor ready to hire me and I'm still in UK. Can you please let me know if you have got any updates on your situation which would be really helpful for me.

Should I serve the cooling off period?
Should I go back to my home country before processing a new Tier 2 General visa?
Have you got your visa sorted out?

Your quick response will be highly appreciated.

Thanks
kg


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## sho_ukba (Apr 11, 2013)

*Tier 2 Cooling Period*

Hi ,
I am in UK now on Tier 2 ICT short term visa. An employer was ready to sponser and we contacted a solicitor.

I got to know from my Solicitor that we need to complete our cooling period to switch to Tier 2 General.

Unfortunately i had to let go my job offer.  Once i go back to india i will have to wait for 1 year. [Cooling Period]

Please update this thread if there is any possiblities of switching.

Thanks,
Sh


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## globeind (May 14, 2013)

Hi utopian,

You are right. There is no information online about this. I am in a similar situation.
Did you find an answer? what did you do?

Thanks a lot.



utopian said:


> Hi Friends,
> 
> I've landed in a very tricky situation which is as below, request you to please guide me here.
> 
> ...


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## ashishtriple9 (May 17, 2013)

Hi,

I am also in same situation.But why to shift to general visa.I think we can extend it in tier2 long term visa?This doesn't require cooling period.

Please keep posted if any one has got a solution.

Thanks
Ashish


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## s.madhuprasad (May 15, 2013)

Not possible even with Tier 2 ICT long term visa. Refer below post

154897-switch-tier-2-ict-tier-2-general


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## ashishtriple9 (May 17, 2013)

why not if your salary is more than 40K pound and your sponsor is ready to give you valid COS.Then what's the problem?


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## sanjeevjntu (Dec 29, 2012)

Yu are not allowed to shift to tier 2 general, however, you are eligible to shift to tier 2 ICT LT Visa if the salary is more than 40.6k GBP and you are with the same employer.


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## ashishtriple9 (May 17, 2013)

I have confirmed from expert..even for tier 2 ICT LT Visa, there is 1 year cooling period if you falls in tier2 ICT short term staff migrant category.For "established staff" category there is no cooling period.


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## sanjeevjntu (Dec 29, 2012)

Ashish,

Let me know whether a Tier 2 short term ICT can switch into Tier 2 General if any sponsor is ready to provide COS? I think it is possible if yu are applying Tier 2 General from India if yu get a sponser in UK.

Regrds,
Sanjeev


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## prakharsagne (Jul 4, 2013)

*ICT Tier 2 Short term Visa. Need suggestion to stay in UK*

Hello All,

I'm working with a UK based company in London. I moved here in March' 2013 with a Visa valid till March' 2014.

Its been just 3.5 months here in London and there is a high chance that I may need to head back to my native country, India in Sept' 2013. Thus making my stay only 6 months.

I intend to stay for at least 1.5 years more here. 

Can you please suggest me that if I appear for interviews in UK and get selected, would or do the companies provide sponsorship for a Short/Long term visa or would I need to transfer my existing Tier-2 visa to the new company.

Appreciate early suggestions.


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## sms1978 (Jul 28, 2013)

*I need help, Please share your email id..god bless*



kgukba said:


> Hi,
> I am in the exact scenario with my ICT (Short Term) visa valid till June 2013. But, I have a A Grade sponsor ready to hire me and I'm still in UK. Can you please let me know if you have got any updates on your situation which would be really helpful for me.
> 
> Should I serve the cooling off period?
> ...


I need help, Please share your email id..god bless


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## sms1978 (Jul 28, 2013)

I have a Tier 2 ICT valid for 3 years done from INDIA. This was processed when i had a Valid COS. Now right after 2 months if i get a New COS can i change the JOB? in Tier 2 ICT which was valid for 3 years? Has there any change in rules?


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## Joppa (Sep 7, 2009)

Please no sharing of personal info on the forum, and you can't send or receive PM yet.


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## sanjeevjntu (Dec 29, 2012)

Hi All,
I am on ICT Intra Company Transfer (short term) visa. I have below Queries.
1) Is it possible for me to switch to tier 2 general visa while I am in UK or do I need to go back to India?
2) if I get a sponsor, can I proceed with it?

Your quick replies appreciated.

Regards
Sanjeev


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## sanjeevjntu (Dec 29, 2012)

Hi All,

I am on ICT Intra-Company Transfer (short term) visa which i got in 2013 May. I have below Queries.
1)Am I eligible for Tier 2 General Visa? or Do i need to finish the 1 year cooling off period?
2) Is it possible for me to switch to tier 2 general visa while I am in UK or do I need to go back to India?

My wife is currently on ICT Short term Dependent Visa. If i am not eligible Can I try Tier 2 General visa for my wife through some sponsor in UK?



Your quick replies appreciated.

Regards
Sanjeev


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## Joppa (Sep 7, 2009)

I have answered your questions before.
No, you can't switch to Tier 2 General in UK.
Yes, you have to serve a year's cooling-off period.
Yes, you have to apply in India.
And No, your wife can't switch to Tier 2 General in UK.


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## sanjeevjntu (Dec 29, 2012)

One final question..is this cooling period applicable for my wife too?
Can't we apply tier 2 general visa to her?


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## Joppa (Sep 7, 2009)

No, but she has to return to India and apply for Tier 2 there.
Look at Tier 2 Guidance at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance.pdf page 4 for a list of visas from which you can switch to Tier 2 General within UK. Tier 2 ICT dependant isn't on it.


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## karnavidyut (Oct 22, 2013)

I am myself in the same situation where my current leave to remain in Tier 2 ICT long term expires Jan 2014. I consulted a couple of solicitors who very plainly said sorry it wasnt possible to switch in country or out of the country without completing your 1 year cooling off period. It is the end of the road for all such people. 
Prior to April 2011, there was Tier 2 ICT Established Staff, with which it was possible to switch from Tier 2 ICT Short or Long term to Tier 2 General from within UK. 
If your visa was issued between April 2011 to April 2012, then you could have switched from outside UK, "provided you travelled back before April 2012 and applied before April 2012" 
However in the current situation you cannot apply for any other work visa till you have completed your cooling off period of 1 year. This can be the date your Leave to remain expired or the date you exited out of UK. You will need to show evidence in the form of stamp on the passport or a boarding pass etc. 
Even your spouse cannot apply for a Tier 2 General because they are aware of this loophole and is already plugged!
The conclusion is that if you hold a Tier 2 ICT (Short Term or Long Term), you cannot really look for another job....just stick to your current assignment and stay as long as you can 
Tier 2 Long Term can be extended upto 5 years maximum so you cannot think of a PR at the end of it unfortunately....
I struggled a lot finding the above information so I hope that helps everyone


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## PPL12 (Jul 11, 2014)

Hi All, pls let me know any chances are there to shift from Tier 2 ICT to Tier General ,if an Uk company is ready to sponsor COS or we need to serve 1year cooling period.Post any of your experiences which would be grateful to all the people seeking to shift from Tier 2 ICT to Tier 2 General


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## Joppa (Sep 7, 2009)

You can't. You have to return home, serve a year's cooling off period and then apply with fresh CoS for Tier 2 General. The only exception is if your new job pays at least £153,500.


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