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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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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: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
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 3 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?

Thanks

Expert:  UKSolicitorJA replied 3 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.

Hi

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.

http://oisc.homeoffice.gov.uk/servefile.aspx?docid=365

Regards

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.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/339387/T2_guidance_08-14.pdf

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