Tier 2 (ICT Long Term Staff partner) to Tier 2 General

[manci]

Hi, looking at the discussion above, this thread seems to be the most relevant for my questions below and please excuse me if i am repeating some of the questions, also i am sorry for the long question, will appreciate your help.

i have been in the UK for last 3 years on the Tier 2 ICT visa. I came in to the UK after April 2011, so as per where the current law stands, i understand that i will have a cooling off of 12 months after a stay of 5 years in the UK and i will not be eligible for a PR status in the UK. I wanted to check if there is a way that i do not have to leave the UK for a cooling off?

Also, my wife has been in the UK for the last 1 year as a dependent on me and is now trying to secure a Tier 2 General Visa from her employer, is my understanding correct that she can switch in to a Tier 2 General Visa by going outside the UK and there will be no cooling off that she needs to serve for this?
Also, once she gets the Tier 2 General sponsorship, can i become dependent on her by switching within the UK, and there would be no cooling off at the time of the switch?
all the above is correct

If all this is correct, what would the implications be on PR status for both of us, i.e. how many years would we need to get the PR Status in the UK?
5 years from the time your wife returns to the UK on her T2G visa and you switch to become her dependant. For the detail read:
http://www.immigrationboards.com/immigr ... 14832.html

One last question is, if i do switch to become dependent on her Tier 2 General Visa, would it be possible for me to switch back to my own Tier 2 General sponsorship (i.e. not be dependent on her and find a sponsor to get me a Tier 2 General Visa without any cooling off?
you would have to apply from home country and provided you apply more than 1 year after your previous T2 leave ceased there will be no cooling off.

[Kruger_007]

thanks a lot for the quick response, it is very helpful and super apreciated! can i just clarify two points that you make there:
1. With respect to PR, my period woudl start from me becoming her dependant, so if i shift back to my own T2 Gen sponsorship, would that period be still counted in 5 years that i need for my PR?

2. With respect to switching back to my own T2 Gen sponsorship, is the interpretation correct that i will be able to switch back in to my own T2 Gen 1 year after me becoming her dependant?
I have 2 years left on my current T2 ICT, so this would lapse as soon as i make the dependant application right? hence my switch back to T2 Gen without cooling off would effectively be 1 year after i become her dependant, right?

Appreciate your help and time.

[rakshbhar]

Hi All,

My query is relevant to the discussion initiated above so I am posting my query in this section.

My hubby and myself have come to UK on April 2013.
VISA Type : Tier 2 ICT (Long Term Staff) and Tier 2 ICT (Long Term Staff Partner) respectively.
Our current VISA is valid till April 2016 as such.
I have started working since March 2014 and am on a 2 year fixed term contract with the local council in IT section.
We are looking for options to get an ILR in UK. We are basically from India

Based on the info above I have the below questions:
1. How do I switch to tier 2 general? Is there a minimum pay that is required for that?
2. If my current employer does not sponsor a T2G for me, can I apply for it on my own?
3. Can we apply for a T2G, being in UK and not going back to India and applying from there?
4. If I get a T2G, my husband can become my dependent, isn't it?

Please clarify the above as we are uncertain about what is in store for us in future.

Kind Regards
RB

[rakshbhar]

Hi Manci,

My query is relevant to the discussion initiated above so I am posting my query in this section.

My hubby and myself have come to UK on April 2013.
VISA Type : Tier 2 ICT (Long Term Staff) and Tier 2 ICT (Long Term Staff Partner) respectively.
Our current VISA is valid till April 2016 as such.
I have started working since March 2014 and am on a 2 year fixed term contract with the local council in IT section.
We are looking for options to get an ILR in UK. We are basically from India

Based on the info above I have the below questions:
1. How do I switch to tier 2 general? Is there a minimum pay that is required for that?
2. If my current employer does not sponsor a T2G for me, can I apply for it on my own?
3. Can we apply for a T2G, being in UK and not going back to India and applying from there?
4. If I get a T2G, my husband can become my dependent, isn't it?

Please clarify the above as we are uncertain about what is in store for us in future.

Kind Regards
RB

[Kruger_007]

Dear Manci,

Apologies for reposting the question, just wanted to check if you were able to look at my question, have pasted it below for your review, thanks again for helping out, its very helpful to get your inputs!

Thanks.
----------------------------
thanks a lot for the quick response, it is very helpful and super apreciated! can i just clarify two points that you make there:
1. With respect to PR, my period woudl start from me becoming her dependant, so if i shift back to my own T2 Gen sponsorship, would that period be still counted in 5 years that i need for my PR?

2. With respect to switching back to my own T2 Gen sponsorship, is the interpretation correct that i will be able to switch back in to my own T2 Gen 1 year after me becoming her dependant?
I have 2 years left on my current T2 ICT, so this would lapse as soon as i make the dependant application right? hence my switch back to T2 Gen without cooling off would effectively be 1 year after i become her dependant, right?

Appreciate your help and time.

[manci]

Dear Manci,

Apologies for reposting the question, just wanted to check if you were able to look at my question, have pasted it below for your review, thanks again for helping out, its very helpful to get your inputs!

Thanks.
----------------------------
thanks a lot for the quick response, it is very helpful and super apreciated! can i just clarify two points that you make there:
1. With respect to PR, my period woudl start from me becoming her dependant, so if i shift back to my own T2 Gen sponsorship, would that period be still counted in 5 years that i need for my PR?
no, on the 5 year route the qualifying period would start when you start on your new T2G visa. The previous period on T2G and the period during which you were a PBS dependant would only count on the 10 year route


2. With respect to switching back to my own T2 Gen sponsorship, is the interpretation correct that i will be able to switch back in to my own T2 Gen 1 year after me becoming her dependant?
I have 2 years left on my current T2 ICT, so this would lapse as soon as i make the dependant application right? hence my switch back to T2 Gen without cooling off would effectively be 1 year after i become her dependant, right?
correct

Appreciate your help and time.

[farhan11]

i have just posted my topic...please reply ..Switching from Tier 4 to Tier 2 .PLEASE HELP !

[jaideepnaidu.12]

Hi Manci,

I have a weird situation. This is how my visa status is

1. I traveled to UK on a Short Term Staff ICT - Feb 2013 to Feb 2014 - I returned to India on 15 Jan 2014.
2. My wife applied for T2G visa and got one in Feb 2014. I applied for a dependent visa and was granted one. This visa is active till Feb 2017.
Unfortunately we did not travel to UK on that Visa yet.
3. I switched companies back in India. Joined the new company in June 2014. They want to send me to UK now on a "Skills transfer" visa.

My questions are
a. I am currently in the cooling period of visa in point 1 till when ? Feb 2015 or Jan 2015?

b. My wife cannot find a suitable role there and can't travel on her T2G. Is there away out of that ?

C. Can I apply for a business visa, travel to UK right now and come back when I can apply for a T2 skills transfer visa ?

D. Will my active T2 dependent visa cause any concerns ?

Please help.

Regards and Thanks in advance
JD

[manci]

Hi Manci,

I have a weird situation. This is how my visa status is

1. I traveled to UK on a Short Term Staff ICT - Feb 2013 to Feb 2014 - I returned to India on 15 Jan 2014.
2. My wife applied for T2G visa and got one in Feb 2014. I applied for a dependent visa and was granted one. This visa is active till Feb 2017.
Unfortunately we did not travel to UK on that Visa yet.
3. I switched companies back in India. Joined the new company in June 2014. They want to send me to UK now on a "Skills transfer" visa.

My questions are
a. I am currently in the cooling period of visa in point 1 till when ? Feb 2015 or Jan 2015?
you cannot apply for entry clearance before 16 Jan 15 and need proof that you left the UK on 15 Jan 14. If you cannot produce evidence of your departure you'll have to wait until 1 year has passed from the expiry of your T2 leave.

b. My wife cannot find a suitable role there and can't travel on her T2G. Is there away out of that ?
It is not clear what you mean by this. Has her sponsor withdrawn her CoS and has her visa been cancelled? In that case she can apply for a dependant visa but remember that the Skills Transfer visa can only be for max 6 months.

C. Can I apply for a business visa, travel to UK right now and come back when I can apply for a T2 skills transfer visa ?

D. Will my active T2 dependent visa cause any concerns ?
if your wife's T2G visa has been cancelled (see above) your dependant visa would have been cancelled, too, in which case you can apply for a business visitor visa.

Please help.

Regards and Thanks in advance
JD

[jaideepnaidu.12]

Hi Manci,

Thanks for the reply.

1. My wife's T2G has NOT been cancelled. Since the job she had applied for was taken by somebody else, the sponsor asked her not to travel. The visa is still valid (sponsor say he has not cancelled it) and says it will be open till they can find another role for her.

2. So, with the T2G dependent that I have now (and presumably valid), can i apply for another visa ? For example, Business visa ?

3. She got her T2G with a restricted CoS. Can the sponsor be changed without the need of applying a new visa ?

Regards,
Jaideep

[manci]

Hi Manci,

Thanks for the reply.

1. My wife's T2G has NOT been cancelled. Since the job she had applied for was taken by somebody else, the sponsor asked her not to travel. The visa is still valid (sponsor say he has not cancelled it) and says it will be open till they can find another role for her.

2. So, with the T2G dependent that I have now (and presumably valid), can i apply for another visa ? For example, Business visa ?
I think not but I stand to be corrected on this. Questions will be asked why you are not using your PBS dependant visa and this may lead to enquiries about your wife's sponsor

3. She got her T2G with a restricted CoS. Can the sponsor be changed without the need of applying a new visa ?
no, she would need to make a new application with a new restricted CoS from the new sponsor
Regards,
Jaideep

[jaideepnaidu.12]

Thanks a lot Manci,

Really appreciate your help.

So to make it a safe situation, I should have just the one active visa...so get the T2G dependent cancelled and then apply for a new one ?

[Porus]

HI Jaideep,

I have been in UK as Tier 2 ICT Short term migrant july2013-14 and now I am in India.I have applied Tier 2 General dependent visa and waiting for 3 months.. Did you say that you had applied Tier 2 General dependent visa from India within an year of your Tier 2 ICT short term expiry ?. IF you had received Tier 2 general dependent visa without any cooling off period applicable ,can you please confirm ?!.Thanks a lot.

[manoj416]

Hi, I am here on tier 2 Long term VISA and my wife is on Long term ICT partner VISA. I am considering spending 12 months outside of the UK to serve the cooling off period and then apply for a general tier 2 visa after that. My questions is - whether my wife needs to serve the cooling off period as well, in order to be able to apply for a new general tier 2 dependent Visa (since I will be then on general Visa) - meaning does she also have to leave the UK for one year. She is employed here in the UK already and will prefer to leave the UK for as small period as possible.
any guidance will be appreciated.

[manci]

Hi, I am here on tier 2 Long term VISA and my wife is on Long term ICT partner VISA. I am considering spending 12 months outside of the UK to serve the cooling off period and then apply for a general tier 2 visa after that. My questions is - whether my wife needs to serve the cooling off period as well, in order to be able to apply for a new general tier 2 dependent Visa (since I will be then on general Visa) - meaning does she also have to leave the UK for one year. She is employed here in the UK already and will prefer to leave the UK for as small period as possible.
any guidance will be appreciated.

When your current employment ends your sponsor will report this to UKVI and your and your wife's leaves will be curtailed to 60 days from the date of the curtailment decision. However, if you leave the UK before the end of the 60 day period your curtailed leave will lapse and since your wife's leave as a PBS dependant is tied to your leave so will hers. This is not to do with cooling-off which doesn't apply to dependants.

[manoj416]

Hi Manci, thanks for the quick reply. So, if I understand correctly - my wife will have to leve UK with me as she is on dependent visa. very helpful.

[jaideep.12]

Hi manci,

I joined my new company in India on 26-Jun-14. They are applying a Tier-2 ICT (Skills Transfer Visa) for me which is valid for 6 months. According to my company, they cannot apply a long-term ICT because I have not completed 12 months with them. If I travel to UK on the this 6 month visa till August 2015, can I extend my visa while living in the UK to a long term visa. (I would have completed 12 months by June 2015) ?

If I return to India, what will be the applicable cooling period ? Will the cooling period be same if I apply for a new Tier 2 ICT after some gap ?

Regards,
Jaideep

[manci]

@jaideep.12
You cannot switch in-country from a T2 ICT skills transfer visa to a T2 ICT long term staff visa but once you return to India, and after having been employed by the company for 12 months, you can apply for a T2 ICT long terms staff visa without cooling off provided you have a CoS from the company (min. salary £41k).

[rrao]

Hi All,

I am on tier 2 ICT Long term staff partner Visa and have started fulltime work from September 2014. My Current visa is valid till October 2015 and I want to explore the possibility of switching to Tier 2 general category.

I understand based on the conversations in the forum that I will need to apply for Tier 2 general visa from Home country (India) and employer will need to provide restricted COS. I work for a small company and they are willing to support my visa application. In the gov.uk website my employer is listed as licensed for tier 2 General with A rating. However the HR team is relatively new and they are not aware of the process for applying for restricted COS.

Can you please provide more information on the procedure to apply for restricted COS?

My employer had advertised for my position for more than 28 days and I was oiffered the position as I was the best suited candidate. Can this advertisement be considered for RLMT and can they issue restricted COS based on it?

If RLMT has to be performed again, how can it be done as I am already working with the organisation?
Once the restricted COS is issued to me, will I have 6 months to travel to India and apply for tier 2 general or does the 6 months duration start from the day the job was advertised?

Hoping that experts on the forum would be able to provide guidance. Thanks in advance for your inputs.

[manci]

Hi All,

I am on tier 2 ICT Long term staff partner Visa and have started fulltime work from September 2014. My Current visa is valid till October 2015 and I want to explore the possibility of switching to Tier 2 general category.

I understand based on the conversations in the forum that I will need to apply for Tier 2 general visa from Home country (India) and employer will need to provide restricted COS. I work for a small company and they are willing to support my visa application. In the gov.uk website my employer is listed as licensed for tier 2 General with A rating. However the HR team is relatively new and they are not aware of the process for applying for restricted COS.

Can you please provide more information on the procedure to apply for restricted COS?

all is described in the UKVI guidance for sponsors:
https://www.gov.uk/government/uploads/s ... _11-14.pdf

My employer had advertised for my position for more than 28 days and I was oiffered the position as I was the best suited candidate. Can this advertisement be considered for RLMT and can they issue restricted COS based on it?
only if it complies with the rules for RLMT advertising, see the link above

If RLMT has to be performed again, how can it be done as I am already working with the organisation?
Once the restricted COS is issued to me, will I have 6 months to travel to India and apply for tier 2 general or does the 6 months duration start from the day the job was advertised?
A CoS must be used, i.e. you would have to apply, within 3 months of its assignment date. The RLMT is testing if there are applicants for a job from the settled workforce.

Hoping that experts on the forum would be able to provide guidance. Thanks in advance for your inputs.

[tud17]

Hi Guys,

I have a similar situation as discussed in this forum initially. Any expert comments are much appreciated.

I am currently working in UK on Tier 2 Long Term ICT migrant visa and my wife has a spouse visa (Tier 2 ICT Long Term Staff Partner). This visa is issued on March 2015. We are from India.

I want to know:

1. Is it possible for my wife to get a Tier 2 general visa? Does she need to go outside UK? Is there a cooling off period for her?

2. If my wife is able to get a Tier 2 General visa, is it possible for me to get a dependent visa, do I need to cancel my current visa or does that happen automatically when I get a new one??

3. If she can get a Tier 2 general visa , is it compulsory for me to get my dependant visa stamped in same time or I can continue working on my current Tier 2 Long Term ICT visa and later when my project finish I can apply for Tier 2 general dependant visa ?

4. Does Tier 2 General visa holders can file for ILR after 5 years if they earn a minimum salary of £35k ?

Thanks a lot in Advance !!