SWITCHING TIER 2 ICT --> PBS DEPENDENT

[mabbath]

Hi Manci,

I have a valid Tier 2 ICT long term visa since 2012 and it is valid till mid 2015. While I was employed in UK (on a project), my wife who had a PBS dependant visa got employed with a UK based employer. Recently, my project got completed and both of us had to return back to our home country. My wife's employer agreed to process for a Tier 2 General visa for her and it is currently under process. She will be soon undergoing the Entry Clearance process.
My plan is to apply for a PBS dependant visa only after my wife has obtained her Tier 2 General visa.

The questions below are pertaining to my application for a PBS dependant visa once my wife has obtained her Tier 2 General visa.
1. a) Since my ICT Tier 2 visa is currently active, can I apply for a PBS dependant visa at the same time?
OR
b) Should I ask my employer to cancel the ICT Tier 2 Visa first and only then process the application for a PBS dependant visa?
For your information, my employer wants to keep the ICT Tier 2 visa active for me so that I can take up any other projects
coming up in UK (before my visa expiry). If I continue to be employed with them, can I take up projects for them in the UK with me being a PBS dependent?
2. Should my employer inform the UKBA that I am no longer working in UK, however, my visa will be kept active for probable
future projects?
3. If case 1.a) above is valid, should I be informing the UKBA about this situation that I will be applying for a PBS dependant visa
even though my ICT Tier 2 visa is still valid? If yes, How should I do this?
OR
without any prior notice, can I go ahead and apply for a PBS dependant?

Thanks in advance!

[manci]

If your work finished in the UK your sponsor is duty bound to report this to the HO and your present visa will be curtailed.

You can apply for a PBS dependant visa at the same time as your wife. If the visa is granted while you still have valid leave that leave will be cancelled.

The PBS dependant visa will allow you to work without restriction in the UK.

[mabbath]

Hi Manci,

Thanks for your prompt response.

To be specific,

If my employer does not inform the UKBA (since they want to keep my ICT Tier 2 visa active for other probable projects in UK) and under this condition, if I go ahead and apply for a PBS dependent visa:

1. Is there a chance that my PBS dependent visa application will be rejected ? (since I hold an active ICT Tier 2 visa and also my employer has not reported to the HO that I am not in UK anymore)
OR
2. When I apply for PBS dependent visa, the HO/British Embassy will cancel my Tier 2 ICT visa automatically and provide me a PBS dependent visa?

Thanks & Regards!

[manci]

1.
if you satisfy the requirements for PBS dependants your visa should be granted. However, your application will alert the HO that your sponsor failed to report the termination of your job in the UK and this may well result in the downgrading, suspension or revocation of their sponsor licence.

2.
yes

[mabbath]

Thanks again Manci!

I have a follow up question regarding my wife's application.

She was my dependent when I was working in UK. When it was time for me to move out of UK, she had to move out with me. She explained this situation to the UKBA using the Change of Circumstances form. In the form, she also explained that she will be switching to Tier 2 General from PBS dependent.

Since my Tier 2 ICT visa is still valid, I assume that her PBS dependent visa is also still valid.
Her employer has applied for her COS (for Tier 2 general visa) and it has been a long time now (> 1.5 months) and she still has not received the COS.

Also note that my employer has still not yet communicated to UKBA that I have moved out of UK. Can this cause a delay (or any problem) in my wife obtaining her COS (for Tier 2 General) in anyway?

Thanks & Regards

[manci]

The fact that your former employer has not reported your termination (presumably you are no longer paid by them) is their problem, not yours or your wife's. Even if you have unpaid leave this has to be reported within 10 days. However, this should have no effect on your and your wife's application. Note that If and when they report the termination your visa will be curtailed and then it can no longer be used for travel to the UK.

Your wife's prospective sponsor has to carry out a RLMT (unless there is an exemption) which takes at least 4 weeks. Once the RLMT is successfully completed they have to apply for a restricted CoS. Applications submitted by the 5th of a month are decided on the 11th of the same month so if they miss the 5th deadline that could mean an up to 7 weeks further delay.

[avneetrekhi20]

Hello mate,

Did your wife's application went through? I am in similar situation so keen to know if everything was ok or if you had any challenges.

Can you please let me know?

Best Regards

[Supriyasahay]

Hey Manci,

I have the same kind of situation. I am on ICT Tier 2 visa for one year, but after a month my employer have no defined assignment for me and so they want me to return back. My husband is on Tier 2 General Visa and I want to apply for dependent visa on this basis. My question is:

1. Can my visa type be changed from ICT tier 2 to Dependent without returning to India ?
2. If yes, would I still be able to work for my employer?

Kindly help me as its very urgent.

Regards,
Supriya

[manci]

Hey Manci,

I have the same kind of situation. I am on ICT Tier 2 visa for one year, but after a month my employer have no defined assignment for me and so they want me to return back. My husband is on Tier 2 General Visa and I want to apply for dependent visa on this basis. My question is:

1. Can my visa type be changed from ICT tier 2 to Dependent without returning to India ?
yes
2. If yes, would I still be able to work for my employer?
once you have your PBS dependant visa you can work for any employer (unless you are a doctor or dentist in training)

Kindly help me as its very urgent.

Regards,
Supriya

[rajrock]

Thanks again Manci!

I have a follow up question regarding my wife's application.

She was my dependent when I was working in UK. When it was time for me to move out of UK, she had to move out with me. She explained this situation to the UKBA using the Change of Circumstances form. In the form, she also explained that she will be switching to Tier 2 General from PBS dependent.

Since my Tier 2 ICT visa is still valid, I assume that her PBS dependent visa is also still valid.
Her employer has applied for her COS (for Tier 2 general visa) and it has been a long time now (> 1.5 months) and she still has not received the COS.

Also note that my employer has still not yet communicated to UKBA that I have moved out of UK. Can this cause a delay (or any problem) in my wife obtaining her COS (for Tier 2 General) in anyway?

Thanks & Regards

hi mabbath, how did it go for you? did you and your wife manage to get you visas sorted? please let me know as i urgently need some guidence around this , thanks

[rajrock]

The fact that your former employer has not reported your termination (presumably you are no longer paid by them) is their problem, not yours or your wife's. Even if you have unpaid leave this has to be reported within 10 days. However, this should have no effect on your and your wife's application. Note that If and when they report the termination your visa will be curtailed and then it can no longer be used for travel to the UK.

Your wife's prospective sponsor has to carry out a RLMT (unless there is an exemption) which takes at least 4 weeks. Once the RLMT is successfully completed they have to apply for a restricted CoS. Applications submitted by the 5th of a month are decided on the 11th of the same month so if they miss the 5th deadline that could mean an up to 7 weeks further delay.

Hi manci, i am trying to change from my t2ict long term staff to t2g pbs dependent from within UK. my present ICT is valid till OCt 2016. my partner has got the t2g just before 2 weeks and we are in UK.
my questions,
1. can i make my pbs dependent application within UK now or need to wait for the 1st or more salaryslips of my partner?
2. how is the intimation sent to my present sponsor-employer? will they be notified on the same day of my visa approval? is it notified to them in their sponsor ship login system SMS?
3. when the HO notifies my present employer, what details they will provide? will they say the exact reason and my new visa etc.?
kindly help, thanks a lot,

[rajrock]

,,,

[manci]

[quote="rajrock
Hi manci, i am trying to change from my t2ict long term staff to t2g pbs dependent from within UK. my present ICT is valid till OCt 2016. my partner has got the t2g just before 2 weeks and we are in UK.
my questions,
1. can i make my pbs dependent application within UK now or need to wait for the 1st or more salaryslips of my partner?
you can apply now
2. how is the intimation sent to my present sponsor-employer? will they be notified on the same day of my visa approval? is it notified to them in their sponsor ship login system SMS?
if you remain employed by the same company as soon as you get your PBS dependant visa you should inform them that your immigration status changed
3. when the HO notifies my present employer, what details they will provide? will they say the exact reason and my new visa etc.?
kindly help, thanks a lot,[/quote]

[rajrock]

hi manci, thanks a lot for your reply. i am unable to inform my present employer about my pbs dependent application beforehand,
- will this be a problem on my application? will HO ask me why am i changing and if I have resigned or not etc.?
- will HO cancel my present t2ict?
- will HO notify my present employer about the change of my visa status, that my present ict is cancelled? thanks,

[rajrock]

hi manci, requesting your valuable help

[manci]

hi manci, thanks a lot for your reply. i am unable to inform my present employer about my pbs dependent application beforehand,
you only need to inform them after you obtained your PBS dependant visa

- will this be a problem on my application? will HO ask me why am i changing and if I have resigned or not etc.?
they will not ask
- will HO cancel my present t2ict?
yes
- will HO notify my present employer about the change of my visa status, that my present ict is cancelled? thanks,

[suri1547]

[quote="rajrock
Hi manci, i am trying to change from my t2ict long term staff to t2g pbs dependent from within UK. my present ICT is valid till OCt 2016. my partner has got the t2g just before 2 weeks and we are in UK.
my questions,
1. can i make my pbs dependent application within UK now or need to wait for the 1st or more salaryslips of my partner?
you can apply now
2. how is the intimation sent to my present sponsor-employer? will they be notified on the same day of my visa approval? is it notified to them in their sponsor ship login system SMS?
if you remain employed by the same company as soon as you get your PBS dependant visa you should inform them that your immigration status changed
3. when the HO notifies my present employer, what details they will provide? will they say the exact reason and my new visa etc.?
kindly help, thanks a lot,

[/quote]


Hi Manchi,

Most of my queries has been answered already with your replies you gave to many.

I have a situation similar to this:

I'm on Tier 2 ICT Long Term Staff granted in Oct 2012 and looking to switch to Tier 2 Gen dependant of my wife and my current visa gets expired on Oct 2015. So is it possible to switch to Tier 2 Gen Dependant whilst am in UK? or should I go back to my country for this application?

Thanks in advance.

[sannu1981]

HI Guys,

Thanks for the information

I need some clarification

I am on Tier2 ICT long term from 2013 and wife on ICT dependent. She is already working in UK and her enmployer is ready to provide her Tier 2 general visa where as her existing visa is still valid fro another 1 year. I have query
1) If she can me moved from Tier2 PBS dependent to Tier 2 General within UK (without visitng india and applying from India)
2) once her Visa is moved to Tier2 General, I can apply for Tier2 general dependent within UK

I dont see this clarity on UKBA website and alot of confusing replies on other forums

Thanks
Sandy

[manci]

HI Guys,

Thanks for the information

I need some clarification

I am on Tier2 ICT long term from 2013 and wife on ICT dependent. She is already working in UK and her enmployer is ready to provide her Tier 2 general visa where as her existing visa is still valid fro another 1 year. I have query
1) If she can me moved from Tier2 PBS dependent to Tier 2 General within UK (without visitng india and applying from India)
no, she would have to apply from home country with a restricted CoS

2) once her Visa is moved to Tier2 General, I can apply for Tier2 general dependent within UK
yes

I dont see this clarity on UKBA website and alot of confusing replies on other forums

Thanks
Sandy

[balli]

Hi Manci,

I have Tier 2 ICT valid till 30 March 2015. My wife has Tier 2 General visa. I want to switch as her dependent.

1) What are the documents I need to apply for visa?
2) Is it possible to book same day visa appointment for this category?

Thanks,
Balli

[klp123]

Hi,

Need the below information urgently.

I am in UK on Tier 2 ICT Long term valid till 14 June 2015.
My wife was on Tier 2 ICT dependent.

Recently she went to India and got her Tier 2 General processed (valid till April 2017) and entered UK recently.

For switching to Tier 2 General - dependent:
1) Can I use the Premium service (same day)?

2) What are the documents required?

Please treat this as urgent as my employer has asked me to travel back.

[manci]

@klp123
you can use the premium service and this is the application form:
https://www.gov.uk/government/uploads/s ... _07-14.pdf

search the forum for the list of documents

[avneetrekhi20]

Hi Manci and Others,

My wife is on Tier 2 General Visa now and i am currently on Tier 2 Long term ICT Visa. I would like to move to Tier 2 Dependant visa to give myself an opportunity to apply for ILR after 5 yrs. I have following question :-

a) Do i need to take an agreement from my current employer before i move to Dependant visa (i.e. technically can i do it w/o their consent)?
b) How much time it takes to switch the visa
c) Does the employer of my wife has any role to play in the process?

Your help is much appreciated

[manci]

Hi Manci and Others,

My wife is on Tier 2 General Visa now and i am currently on Tier 2 Long term ICT Visa. I would like to move to Tier 2 Dependant visa to give myself an opportunity to apply for ILR after 5 yrs. I have following question :-

a) Do i need to take an agreement from my current employer before i move to Dependant visa (i.e. technically can i do it w/o their consent)?
no, but you must inform them of your new status once you have the dependant visa

b) How much time it takes to switch the visa

c) Does the employer of my wife has any role to play in the process?
not unless your wife asks them to certify maintenance for you

Your help is much appreciated

[Vinkish]

hi Manci,
Need immediate help.


I am on Tier 2 General recently changed and working in UK.
My husband is on Tier2 ICT long term staff valid till September 2015.


We are planning to switch him from tier 2 ICT to Tier2 General Dependant and have applied for visa.
We have set our premium appointment on Friday 15th May.

Questions:
1. We are unable to reschedule it. If we have to book a new appointment what will happen to the fees 1051 paid.?
2.If he gets Visa by May 18th and his last day with current employer is given as May 29 by the company.
Will he be able to work there for 10 days after he gets tier2 general dependant.
3.If we do not inform employer and come out in 10 days. What will happen?
Will UKBA inform the employer that his associate has changed visa?

Please guide me as i have les than 24 hours to the appointment.

vinkish