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chatham-chamber
chatham-chamber, Solicitor
Category: Immigration Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am currently in the UK on a Tier 2 ICT Term Staff Visa

Resolved Question:

I am currently in the UK on a Tier 2 ICT Long Term Staff Visa which comes up for expiry soon. My current employer is not willing to extend my visa. Hence I am looking for another job with another employer that wil offer me a sponsorship and switch me from a Tier 2 ICT Visa to a Tier 2 General Visa.
I want to know if this is possible, what steps I need to take to make sure the switch is seamless, and that there is no cooling off period requirement.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  chatham-chamber replied 1 year ago.

Hi,

You are unable to transfer from Tier 2 ICT to Tier 2 General whilst in the UK. You will need to return to your home country and make a new application from there.

I hope this answers your question, If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 1 year ago.
In summary, the current visa that I am on will either need to expire or be cancelled, I return to my home country and immediately apply for a new visa?You did not respond if a cooling off period is required before I can apply for a new visa.Does this mean NO UK EMPLOYER can employ me while I am in the UK even if they are offering sponsorship?
Expert:  chatham-chamber replied 1 year ago.

Hi,

In short, there is a cooling off period of 12 months which would prevent you from submitting an application during that period.

A foreigner who is in the UK on a TIER 2 visa and who either leaves the UK at the end of their assignment or whose visa expires without the possibility of renewal, must wait at least 12 months to obtain a new TIER 2 visa. Referred to as the “Cooling Off Period,” this 12 month window is calculated from either the date of the foreign national’s last departure from the UK or the expiration date of their visa. Traditionally, this rule has put a significant restriction on companies who need foreign workers in the UK for short assignments as foreign employees must wait at least 12 months to return for another assignment of any length.

I note that you are an established member of staff. As this is the case, you can switch to a Tier 2 general if you are applying to change sponsor, i.e. take new employment.

Sorry for the confusion, I misread the original information.

I hope this answers your question, If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 1 year ago.
Apologies for the questions and clarifications sought, but immigrations matters are quite complicated and I want to make sure that there are no "unknowns" after this discussion.Thanks for the additional clarification; a look at the visa classes under the Tier 2 ICT does not include any for "established staff" as you have mentioned in your response (see below); Kindly clarify which exactly you are referring to as "established staff" as we are currently under the "Long Term Staff" category, and it was for a 2 year period that the visa was granted.Types of Intra-company Transfer visa
There are 4 types of Intra-company Transfer visa.
a. Long-term Staff
b. Short-term Staff
c. Graduate Trainee
d. Skills Transfer
Expert:  chatham-chamber replied 1 year ago.

Hi,

Long Term Staff are also sometimes referred to as established staff.

I hope this answers your question, If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

chatham-chamber and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.. now my questions are answered.Best regards.