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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi there. I moved to the UK on an ICT Long term visa is September

Resolved Question:

Hi there. I moved to the UK on an ICT Long term visa is September 2011 - so I have been here nearly three years. the company has now offered me another role in the uk. I desperately want to come off ICT and get onto a visa that will allow me to start working towards indefinite leave to remain, and that would allow me to stay longer than 5 years. do i have any options? i believe that if you earn over £150 000 per annum that this is possible?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Do you earn above 150K?
Customer: replied 2 years ago.

I dont at the moment, but i could potentially structure my salary in the offer of the new role so that it comes to a cash component of £150 000

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

The figure is now 153,500 up from 150K. If your salary can be structured to that, you may apply for a tier 2 general visa from your home country (you cannot switch into it from your current ICT visa) and the annual limit for such tier 2 general visas and resident labour market test requirements would not apply in your case.

You will also not be affected by the 12 month cooling off period if you are earning the 153,500.

Once you have been here for 5 years under tier 2 general, you may apply for indefinite leave to remain.

May I help further?
Customer: replied 2 years ago.

Thanks very much - that is useful. Can I just confirm my understanding - the new job offer is with the same company that I am currently with - its just a different role. So essentially, if we structured the package to come to £153 500, and they terminated my current contract and visa. Then I would go home, (South Africa), receive the new offer, and apply for a Tier 2 general? And come straight back? Is that correct.


 


Also, can I just check - does the £153 500 have to be all guaranteed cash, or can it include benefits and estimated bonus. Thanks so much

Expert:  UKSolicitorJA replied 2 years ago.
Yes. The salary of 153500 includes basic pay and any guaranteed allowances and bonuses, so yes, it must be cash.

Yes, you may return back to SA, apply for your Tier 2 general visa and come back straight away as you will be a high earner.

All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.


That has been really really helpful. Thanks very much

Expert:  UKSolicitorJA replied 2 years ago.
Cheers. Please leave feedback

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