With the new Skilled Worker visa now having replaced the old Tier 2 (General) visa there are a number of changes which will be relevant to those present in the UK on the old Tier 2 system. One of the most common questions we get asked is whether individuals currently present on a Tier 2 (ICT) visa will be able to switch to the new Skilled Worker visa.
Under the previous system it was generally not possible to switch from a Tier 2 (ICT) visa to a Tier 2 (General) visa in-country and applicants hoping to make the switch were also subject to a 12 month cooling off period which must be spent outside the UK. Tier 2 (ICT) also contained no route to settlement, unlike the Tier 2 (General) route and the new Skilled Worker visa which allow individuals to apply for indefinite leave to remain in the UK after 5 years of continuous residence.
Thankfully under the new system the 12 month cooling off period has been abolished and applicants will be able to apply to switch in country provided they have not spent more than 5 out of the past 6 years present on a Tier 2 (ICT) visa. Most applicants present on a Tier 2 (ICT) visa will easily meet the requirements for the new Skilled Worker visa given that they will have had to have been in a role at RQF level 6 (the Skilled Worker visa only requires RQF level 3) and will have had to have been paid a minimum of £41,500 which is well above the Skilled Worker threshold of £25,600.
Applicants hoping to switch will still have to be sponsored in their new role and must meet the English Language requirements, which they may not have had to demonstrate when they applied for their Tier 2 (ICT) visa. It should be noted that time spent on a Tier 2 (ICT) visa will not be counter towards the 5 year residence period required for settlement in the UK on the Skilled Worker route. The clock will start from the date of issue of the Skilled Worker visa.
If you have a job offer in the UK and your company requires help with either the visa application process or the sponsor license application process we can help. Get in touch with us on 01403 801 801 [email protected] for a consultation.