Switching from Tier 2 ICT Visa to Tier 1 Exceptional Talent Visa

Switching from Tier 2 ICT Visa to Tier 1 Exceptional Talent Visa

Migrants with a Tier 2 (Intra-company transfer) visa can switch to a Tier 1 Exceptional talent visa. This will allow them to bypass the 12-month cooling–off period.

What is the cooling-off period?

Migrants who hold a Tier 2 ICT visa are generally granted leave of up to 5 years in the UK. This period is extended to 9 years for those who will be earning £120,000 or more whilst working in the UK. Once this leave is exhausted, migrants are required to adhere to the cooling-off period.

The cooling-off period lasts for 12-months and requires migrants to leave the UK for this period before they can apply to extend their stay. Despite this restriction, migrants working within the technology sector are able to bypass this by switching visa.

Exceptional talent exception

The exceptional talent visa is designed for highly skilled individuals. This visa is ideal for migrants who are currently working within the technology sector under a Tier 2 ICT visa.

Migrants are required to be endorsed by a relevant endorsing body in order for them to switch to a Tier 1 Visa. Tech Nation is one of the endorsing bodies that endorse migrants on a Tier 1 visa.

Tech Nation Criteria

Migrants within the technology sector can apply to be endorsed by Tech Nation. Applicants are required to meet one of the key criteria and two of the qualifying criteria.

Under the key criteria, applicants must:

  • have a proven track record of innovation in the digital technology sector as a director or founder of a product-led digital technology company or an employee working in a new digital field or concept that must be clearly evidenced, OR
  • Proof of recognition for work outside your immediate occupation that has contributed to the advancement of the sector.

Under the qualifying criteria, applicants must:

  • have made significant technical, commercial or entrepreneurial contributions in the digital technology sector, OR
  • be recognised as a leading talent in the digital technology sector, OR
  • must have undergone continuous learning of new digital skills throughout your career, OR
  • demonstrate exceptional ability in the field by making academic contributions through research published.

How we can help?

At NA Law Solicitors, we have experienced solicitors who specialise in all aspects of immigration law. If you are currently under a Tier 2 ICT visa we can help you switch to a Tier 1 Exceptional talent visa. We can assist you by applying for endorsement on your behalf. Additionally, we can also assist you with the visa application, making sure that everything runs smoothly. Contact us today for a case assessment.

 

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