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Discussion Starter · #1 ·
hi all -

I work in an Indian company and I am here on a short term - 1year Visa after which there is a rule that I have to go back to India and serve a cooling period of 1year.

I have been offered a job by my current client who is willing to pay me about 60k a year.

Questions
1) Client will sponsor the Visa , COS etc etc, but will the UK BA allow this? Are there any problems with applying the new Visa?

2) Which Visa category should I apply in ? At the moment I am on Tier 2 ICT Short Term.

Thanks for your help!
 

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The short answer is no.
For extensions:
Short term staff and graduate trainees are granted for the shorter period of either:
 the period of time to take their total stay in this category to 12 months (counted from the date of entry clearance or leave to remain), or
 to the end date given on the CoS plus 14 days.
If the applicant has already been granted the full 12 months, the application will be refused. They cannot be granted any more leave under Tier 2 (except in the long term staff sub-category):
 until 12 months after the leave expired, or
 until they can provide evidence which shows they have been outside the UK for at least 12 months if they have previously been granted Tier 2 leave
 unless they will be paid an annual gross salary of £152,100 or more.
http://www.ukba.homeoffice.gov.uk/s...dlaw/modernised/working/pbs/tier2?view=Binary

You should apply for Tier 2 General after being back home for a year.
 

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Discussion Starter · #3 ·
In that document attached, I saw that we are able to switch the Visa under the section -
'Is Switching allowed?'

It says we are eligible as we are in this category - Tier 2 ICT : Established.
 

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This is a matter of details, but you will find that the 'established' category only applies to those who entered UK as ICT before 6th April 2011. As you entered after, one-year cooling off period applies.
I'm just reading a legal paper on Tier 2 (ICT) changing to Tier 2 (General):
Individuals who entered the UK under Tier 2 (ICT) on or after 6 April 2011, or those who entered before then but have since made an application for entry clearance will have to leave the UK for the 12 month ‘cooling off’ period before they can return under Tier 2 (General). The only exception to this rule is if the individual has been offered a new role and will be paid a salary of at least £152,100.
 

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Discussion Starter · #6 ·
btw check this out -

ukba.homeoffice.gov.uk/visas-immigration/working/tier2/ict/workingandconditions/

I can still go for a Tier 2 ICT transfer with 'Change of employment'
 

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All that means is you can change your job within Tier 2 ICT short term and it will not extend your leave. What you are attempting to do is switching to Tier 2 General, a different immigration category, and as pointed out, you need a year's cooling-off period outside UK.
You are clutching at straw. You have been told you cannot switch into Tier 2 General, and you are now looking up everywhere for a loophole. There isn't, and UKBA don't want those on ICT short term to extend their stay beyond the 12 months allowed, except on very special conditions (like earning over £152,100).
 
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