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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I understand I can I switch from Tier 2 ICT to Tier Gen

Customer Question

I understand I can switch from Tier 2 ICT to Tier 2 Gen without the cooling off period if I earn more than £153,500. My earnings ie base salary + bonus have been over the required amount in each of the previous 3 years. Is that sufficient or should £153,500 be the base salary in order to enable the switch without cooling off ?

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
The £153,500 is the gross remuneration figure so it includes your basic salary plus bonus etc.
It appears that you are eligible to switch without cooling off.
Hope this helps
Customer: replied 2 years ago.

Thank you.

Just to be clear, my contract does not mention an amount greater that 153,500. It mentions a base salary + % target bonus.

I earn a combination of fixed pay + performance based bonus and my overall gross pay ends up being more than 153,500. I have P60s/salary slips to prove that.

Will that suffice as proof while applying for a switch or does the amount have to be mentioned in the contract categorically?


Expert:  UKSolicitorJA replied 2 years ago.
I would suggest that you get a letter from your employer confirming what your total gross remuneration has been for the last 3 years and with the P60s, you will be fine showing that you are earning above the minimum threshold.
Hope this clarifies
Customer: replied 2 years ago.


Sorry to prolong this but have you seen any precedence on this matter? ie any actual case where base + bonus over 153,500 supported by P60s and a letter from the employer has enabled the switch without cool-off.

Point 79 (iii) or page 74 clearly states that bonus and incentives will not be taken into consideration.


Expert:  UKSolicitorJA replied 2 years ago.
Please see this Home Office guidance on Tier 2 applications where it clearly states at pages 12 and 20 of 63 that bonuses will be considered if they are part of your guaranteed salary package.

All the best. Please leave feedback as your queries have been answered.

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