Tier 2 ICT visas are an excellent option for multinational companies to send staff to UK branches and are the best visas for employees to migrate to and reside in the UK for a certain period of time and work in a stable workplace. Tier 2 ICT is easier and faster to apply than Tier 2 General.

In this newsletter, we will look at the options for Tier 2 ICT visa to switch Tier 2 General if Tier 2 ICT visa holders want to change employers and work for another company while living in the UK. 

 

 

Cooling-Off Period for Tier 2 ICT

The Home Office allows the people who are eligible to switch their visas to Tier 2 General in the UK as follows;

• Tier 1 visa
• Tier 2 (Sportsperson) visa
• Tier 2 (Minister of religion) visa
• Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
• Tier 4 visa - if you have an eligible qualification, will complete your course in 3 months, or you’ve done at least 12 months of a PhD
• Start-up visa
• Innovator visa
• A dependent partner of someone with a Tier 4 visa
• A representative of an overseas business

People could have a chance of get a job offer to move to another company while staying in the UK. However, one of the most off-putting aspects of Tier 2 ICT visa is that it requires a 12-month cooling–off period to switch visas to Tier 2 general. Those who used to be stay in the UK under Tier 2 ICT visa can apply for a Tier 2 General in their home country only after 12 months.

Switching Route from the Tier 2 ICT

Realistically, the option for a Tier 2 ICT visa holder to switch to another visa in the UK (rather than leaving the country and waiting out the 12-month cooling-off period), is to switch to a Tier 2 General dependant visa.

In other words, your spouse (as a Tier 2 ICT dependant) can find work (with a Tier 2 sponsorship licence) and switch to a Tier 2 General visa, while you will switch to a Tier 2 dependant visa. In fact, switching to a Tier 2 dependant visa gives you more chances than staying with a Tier 2 ICT visa.

Switching to a Tier 2 dependant visa is a significantly better option for many people. It can be ideal option that Tier 2 dependant visa holders will be able to work for whoever they like and study, even have the opportunity to gain ILR.

Indefinite Leave to Remain and Tier 2 Visa

Unfortunately, Tier 2 ICT visas are not eligible to apply for Indefinite Leave to Remain. The maximum period of stay for Tier 2 ICT holders is 9 years, and 10 years of long-term ILR application is not eligible for them to apply.

The only real option for long-term stay in the UK is to switch to Tier 2 Dependent Visa. If you don't have a spouse or if your spouse doesn't get a job in the UK, your options will be very restricted. In this case, you have no choice but to apply for a Tier 2 General visa after a 12-month cooling-off period in your home country.