Tier 2 ICT Dependent to Tier 2 General

[Nirmie]

Hi all

I was hoping to get some advise from the forum.

My wife is currently on a T2 ICT Dependent Visa. She has been offered a T2 General Visa from her employer. I have been doing research on the boards and have a few questions on this.

1. I know she has to go back to her home country (South Africa) to change her visa. Does the cooling off period apply to her?

2. Once she has her Visa, can I move onto her Visa as a dependent in country?

3. What restrictions would I have under her visa?

4. We have been here for 3 years already, would her switching her visa restart her time in the UK for ILR application? If 2 is true, and I switch onto her Visa, would this also restart my time in the UK for ILR application?

Thanks for your help

Nirmal Ramjee

[CR001]

1. No, the cooling off period does not apply to PBS dependents applying for Tier 2 General.

2. Yes, once she returns to the UK, you can apply within the UK to switch to PBS dependent.

3. Cannot work as a doctor or dentist in training. Other than that, any other work is permitted.

4. Tier 2 ICT DOES NOT lead to ILR since April 2010 anyway so this time would never be counted (unless applying for ILR based on 10 years long residence). Applying for Tier 2 G and dependent will be a new 5 year route to ILR for both of you. You and your spouse will BOTH need 5 years on Tier 2 dep & Tier 2 G respectively, before you will qualify for ILR.

[Nirmie]

Thanks for your prompt response CR001. It is much appreciated.

[Nirmie]

Apologies, one other question. Can she change her visa even thou her current T2 ICT dependent is valid?

[CR001]

Yes but she has to apply from her home country. Once her Tier 2 General is approved, her Tier 2 ICT dependent will be cancelled.

Don't forget that she (and you when you switch) have to pay the immigration health surcharge (£200 per year payable upfront for the duration of your visas). This is in addition to the visa application fee.

[Nirmie]

Hi

My wife has been granted her CoS for Tier 2 General Visa and she is off homebound to apply for he visa. I have a question on the following point. The agent has suggested she get a TB test done, but the website has the following information

Who doesn’t need to be tested
You won’t need a TB test if any of the following apply:

• you’re a diplomat accredited to the UK
  you’re a returning UK resident and haven’t been away for more than 2 years
  you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months

Does she still need to get a TB test done? Bearing in mind that she has been living in the UK with me since August 2014 and not been out of the country for more than 2 weeks.

Thanks for your help

Nirmal