URGENT HELP REQUIRED - TIER2 ICT TO TIER2 GENERAL

[YMalhotra]

Hello,
I have been issued Tier 2 ICT ST visa valid from 23-Sep-14 till 22-Sep-15. My dependents (wife & child) have also been issued the Tier2 ICT ST partner for the same period.

Query:
1. Can my wife switch from Tier2 ICT ST Partner to Tier2 General (provided somebody sponsor her) from 1. within UK or 2. from home country 1. before her visa gets expired (i.e. 22-Sep-15) 2. after her visa gets expired.
2. If she applies from home country after her visa gets expired(22-sep-15), would she be required to serve cooling off period of 1yr.
3. Can I (on Tier2 ICT ST Migrant) switch to Tier2 General from home country before my visa gets expired (i.e. 22-Sep-15) without serving cooling off 1yr.
4. If my wife gets Tier2 General, can I change from T2 ICT ST to T2G dependent from home country 1. before my visa gets expired (i.e. 22-Sep-15) 2. after my visa gets expired.
5. If my wife switches to T2G provided Sponsor A issues CoS to her for x yrs, can she switch to Sponsor B on T2G without her visa being nullified from 1. within UK or 2. from home country.
6. For Question5, would my visa(T2G dependent) be unaffected or affected or re-stamped or nullified.
7. If T2G is possible, would counter for ILR be reset from the date of T2G or would 1 yr ICT be considered (provided my wife switches before her ICT dependent visa gets expired).

Request to reply on urgent basis....

Regards,
YMalhotra

[iworker]

your wife can apply for tier 2 general, at any time and does not have to serve any cool off period but from home country.
once she has a visa, you can change to her dependent at any time within uk, no cooling off.
her ILR will start from 0 when she changes to tier 2 general.
she can change jobs as many times she wants but will be given visas for no more than 6 years within uk.

[YMalhotra]

Thanks for the quick reply.

can you please provide the confirmation on point#3 - "Can I (on Tier2 ICT ST Migrant, main applicant) switch to Tier2 General from home country 1. before my visa gets expired (i.e. 22-Sep-15) or 2. after my visa gets expired without serving cooling off 1yr."

Regards,
Shiv

[moonlight55]

No. You will be subject to the cool-off period.

[YMalhotra]

Thanks for the quick reply.

can you please provide the confirmation on point#3 - "Can I (on Tier2 ICT ST Migrant, main applicant) switch to Tier2 General from home country 1. before my visa gets expired (i.e. 22-Sep-15) or 2. after my visa gets expired without serving cooling off 1yr."

Regards,
YMalhotra

Am i correct in understanding that main applicant cannot switch from tier2 ict to tier2 general from home country within the duration of visa/before visa gets expired?

[iworker]

you can switch to dependent at any time, and from within uk as well. if u wish to apply from home country, u can do that as well.
since it will be dependent visa, u will not have to serve cooling off.

[YMalhotra]

you can switch to dependent at any time, and from within uk as well. if u wish to apply from home country, u can do that as well.
since it will be dependent visa, u will not have to serve cooling off.

Thanks iWorker!! But my question was whether I as Tier2 ICT main applicant switch to Tier2 General main applicant before my visa expiry?

Regards,
YMalhotra

[moonlight55]

@iworker
I guess OP's query was related to T2 General and not T2 Gen dependent.

@YMalhotra
No, you cannot switch from home country without serving the cool-off period of 12 months. The cool-off will start from the return date (in case you return to your home country before the visa expiry date).

[YMalhotra]

Hi,
Request if someone can provide guidance on below query.

My wife is on Tier 2 General visa ending Dec,2020.
I am on currently on Tier 2 ICT main visa ending at the same time (Dec, 2020)

1. What would my category be called if I want to become dependant after Dec,2020 - Tier 2 dependant or ILR dependant.

2. Can I become ILR Dependant after Dec, 2020 directly after my current Tier 2 ICT category or do i need to first come to Tier 2 dependant visa much before that.

3. Is there any rule or condition that requires min years on Tier2 dependant visa before becoming ILR Dependant or any other rule that is required to be fulfilled. Someone told 2 years should be served as Tier 2 dependant before becoming ILR Dependant...is that correct?

4. Can I be eligible for ILR directly after 2020. Whats the number of years on dependant visa before ILR. If I change category as tier2 dependant in 2018, can i become ILR main inline with my wife in 2020.

Thanks in advance.

[vinny]

Posts merged.

[vinny]

1. You cannot become a ILR Dependant prior to you wife having ILR.
2. Depends on your wife’s status.
3. Incorrect.
4. You have to reside at least 5 years as a PBS Dependant or at least 5 years as a ILR Dependant before being eligible for ILR.

Why haven’t you switched to PBS Dependant as soon as your wife was granted Leave under Tier 2 (General)?

[YMalhotra]

1. You cannot become a ILR Dependant prior to you wife having ILR.
2. Depends on your wife’s status.
3. Incorrect.
4. You have to reside at least 5 years as a PBS Dependant or at least 5 years as a ILR Dependant before being eligible for ILR.

Why haven’t you switched to PBS Dependant as soon as your wife was granted Leave under Tier 2 (General)?

Thanks for your reply!!
Regarding Point#4-
1. If I become PBS dependant now and my wife becomes ILR in Dec,2020, then would I be able to spend PBS dependant for 5 years or is it compulsory to switch to ILR Dependant once my wife becomes ILR.

2. Will switching from PBS Dependant to ILR Dependant resets the counter.

3. Is there any way you can suggest that if i switch to dependant now, what should i do to get ILR in next 5 years.

The reason i didn't switch to Tier 2 dependant inline with my wife was the fear around the mobile nature of my wife's job and I was having confirmed ICT visa for 5 years. With 2 small kids, we decided not to take the risk at that time. Now wife has some confirmed projects, I am planning to switch to become dependants.

Thanks again.

[CR001]

1. If I become PBS dependant now and my wife becomes ILR in Dec,2020, then would I be able to spend PBS dependant for 5 years or is it compulsory to switch to ILR Dependant once my wife becomes ILR.

If your spouse gets ILR based on Tier 2 with 5 years residence, you can continue as a PBS Dependent and there is no need to change to ILR Dependent visa.

2. Will switching from PBS Dependant to ILR Dependant resets the counter.

Yes.

3. Is there any way you can suggest that if i switch to dependant now, what should i do to get ILR in next 5 years.

Continue on PBS Dependent visa for 5 years till you qualify for ILR.