Narrative:

Assigned runway heading and 3000 feet. Climbing through about 2000 feet the tower instructed a turn to heading 360. After I started the turn the tower advised that would not work. He had a plane descending to [the] airport; [so] maintain runway heading. I stopped the turn and rolled back toward 030 heading. At that time a TCAS target appeared direct in front of us at about 4 miles descending from 900 feet above. This argent immediately turned amber and then red. I then observed the traffic about 3 miles off nose and descending from 400 feet above. Immediately I got an RA to climb. We passed over and to right of conflicting traffic. At 4200 feet the tower asked for our altitude and we advised we were climbing for traffic avoidance. The tower then handed us off to departure control who assigned us to climb and maintain 5000 and asked why we had climbed above assigned altitude. We again advised that it was for conflicting traffic.I called tower on landing at destination; but all management had gone for [the] day. I called back and talked to tower chief. He advised that the traffic was a cherokee and they were planning for traffic to pass to my left with 400 foot separation. None of this was communicated by tower. He said he noted that I had complied with RA and turned over to quality assurance for review.

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Original NASA ASRS Text

Title: Hawker 4000 Captain reported receiving a TCAS/RA instruction to climb above the assigned altitude to avoid a VFR aircraft ATC had restricted above.

Narrative: Assigned runway heading and 3000 feet. Climbing through about 2000 feet the Tower instructed a turn to heading 360. After I started the turn the Tower advised that would not work. He had a plane descending to [the] airport; [so] maintain runway heading. I stopped the turn and rolled back toward 030 heading. At that time a TCAS target appeared direct in front of us at about 4 miles descending from 900 feet above. This argent immediately turned amber and then red. I then observed the traffic about 3 miles off nose and descending from 400 feet above. Immediately I got an RA to climb. We passed over and to right of conflicting traffic. At 4200 feet the Tower asked for our altitude and we advised we were climbing for traffic avoidance. The Tower then handed us off to Departure Control who assigned us to climb and maintain 5000 and asked why we had climbed above assigned altitude. We again advised that it was for conflicting traffic.I called Tower on landing at destination; but all management had gone for [the] day. I called back and talked to Tower chief. He advised that the traffic was a Cherokee and they were planning for traffic to pass to my left with 400 foot separation. None of this was communicated by Tower. He said he noted that I had complied with RA and turned over to Quality Assurance for review.

Data retrieved from NASA's ASRS site and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.