Tier 2 ICT Long Term Staff to Tier 2 General Dependent VISA

[rajivkumar.singhal]

Dear Expert,
I came from India to UK in May'2014 on ICT Tier2 Long Term Staff VISA and my family joined me in Oct'2014 on the ICT Tier2 Long Term Staff Dependent VISA. I am still in UK until Feb'2016 when my CoS will also end.
My wife has now got a sponsorship and to be stamped Tier2 General VISA.
I understand that she has to return India and get the stamping (Tier2 General VISA) done.

Please help me understand the following queries:
1. Can I and my daughter get the Tier2 General Dependent VISA stamped in UK ?
2. If I return to India, can I and my daughter get the Tier2 General Dependent VISA stamped in India without any cooling off period ?
3. Is there any restriction for me to start work in UK after resignation in current company & the Tier2 General dependent VISA stamping completion ?
4. What is the curtailment period and what does it mean ?

5. If my wife completes 5 years on Tier2 General VISA and I as her dependent, am I also eligible and satisfy the condition to get the ILR ?

Many thanks in advance and anticipation.

Regards,
Raj

[moonlight55]

1. Yes, once your spouse returns to UK on her T2 General visa.
2. Yes.
3. You cannot commence work on a new job until you get your T2 dependent visa approved.
4. Assume you resign from your current organisation, they are obliged to inform this to UKVI. If your visa duration is valid from more than 6 months (which is not the case in your case), UKVI will curtail your current visa to 60 days from the date of decision. Within this 60 days you have to change to another valid visa or leave UK. If you do decide to switch to T2 dependent before Feb-2016, I don't see this coming into picture.
5. Yes.

[rajivkumar.singhal]

Thanks for your prompt revert.
Please help me know about the below scenario as well:
I have my current CoS (ICT Tier2 Long Term Staff VISA) until 26-Feb-2016 from the company. If I submit the application for Tier2 General Dependent VISA stamping and I do not hear the results till 26-Feb. Will I be allowed to stay legally in UK post 26-Feb without any VISA on the basis of submitted application ??

Regards,
Raj

[CR001]

Yes, your existing leave will continue.

If you are concerned, apply for an in person appointment to change your visa for a decision on the day.

[rajivkumar.singhal]

Thanks for the reply.

Please if someone can help me understand the whole process and time involved to get the Tier2 General VISA stamped (if UK company sponsors an Indian candidate).

Appreciate you help and time.
Regards,
Raj

[CR001]

This thread might be useful

http://www.immigrationboards.com/uk-tie ... 00065.html

[rajivkumar.singhal]

Thanks again. the thread is very useful to understand the details.

Quick Question:
I already have the ICT Tier2 Long Term staff VISA stamped.
Is it possible and legally allowed to get the Tier2 General Dependent VISA stamped along with with Tier2 ICT Long Term Staff VISA ??
Also, can I continue the work on ICT Tier2 post the Tier2 Genear VISA stamping till the applicable CoS ??

Regards,
Raj

[moonlight55]

Once you are approved a new visa, any older visas will get cancelled.

You can continue until the start date mentioned in the CoS.

[spp222]

Dear Expert,

I need your advice for switching to Tier Gen Dependant visa within UK.

I am on Tier 2 ICT Long term Visa since Nov 2013 with a valid sponsorship till Nov 2016. But I am planning for switching to Tier 2 General Dependant Visa (My spouse has Tier 2 gen visa valid till Oct 2019) so that I can look for alternate employment in the UK without any sponsorship requirement.

I have a potential employer (finger crossed) for the next job to start in March 2016 or sooner (offer letter awaited!!) but I am confused how to take it forward.

1. If I don't resign and simply make the Visa application now will my Visa status change directly to Tier 2 Gen Dependant from the Tier2 ICT without involving my existing employer in the UK? Can i resign later when I receive the offer from the next employer?

2. Should I have to inform my current employer first about my intention of switching the Visa (this will be awkward as I have not seen the offer letter yet) so that they cancel the CoS to make way for my visa switch application?

3. In general, is there any issue if I continue to work for my existing employer till Nov 2016/CoS-end-date with the Tier 2 Gen Dependant Visa instead of the original T2 ICT Visa (assuming that I am unable to accept the offer for the next job) ?

4. How will curtail leave come into effect if I switch my Visa within 30 days?

Thanks for your help in advance.

[moonlight55]

1. Yes, you can do that.

2. There is no need to inform the current employer. Your current visa will automatically get cancelled once your new visa is approved.

3. No issues in terms of immigration. However, you may want to check with the organisation on their policy. I know some organisations don't prefer to work with a dependent visa holder.

4. Not applicable. Once your new visa is approved, your current visa will automatically get cancelled.

[spp222]

Many thanks for your prompt response. Much appreciated.