Ask an Immigration Solicitor. Get an Answer ASAP.
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 ?
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?
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.