URGENT - Tier2 ICT long term dependant to Tier2 general main

[Svams]

Hi,

Here is my query, could you please help me out on this.

Currently am on Tier 2 ict long term dependant visa from last 20 months ( June-2014). During this stay I applied for extension once and it's valid until April -2016.

Am working with an employer from 10 months and now they are willing to sponsor Tier 2 general. In this regard have below quires.

1) I need to apply from my home country to switch to Tier 2 general
2) cooling-off period doesn't applicable for me
3) as I already working with my current employer from last 10 months, so do they need to advertise my role in UK to generate certificate of sponsorship
4) as my current visa expires in one month and for my role to pass advertised date might also takes a month. So in this case what's the safe option to be in safe side.

FYI: My spouse visa, tier 2 Ict, would be filing for extension in next few days.

Thanks
Svams

[CR001]

1. Yes, you have to apply from home country. Are they on an approved sponsor on HO's list?

2. Not applicable to you.

3. They need to complete the FULL and PROPER process of RLMT, to prove that no EU, BC or settled person is available for the position and that you have not been pre-selected for your job (yes, they refuse visas for this).

4. RLMT has to be completed before your employer can issue you a CoS. How long that takes, depends on how good their RLMT and paperwork is.

[Svams]

Thanks for the response.

I spoke with my employer today and seems they would start RLMT process in weeks time. Once RLMT is complete then they would issue me required paper work so that I can apply from home country, i.e. around second week of April.

During last week of March, my spouse, who is primary applicant would file for extension here in UK and while her extension is in-process, I might also apply for Tier 2 General from home country.

But here is my question:

1. Would there be any issues while both of our applications are in-process at same time
2. How home office would consider my application? from last 10 months am working for same company on a VISA but now switching to new category, how this would justify RLMT?
3. Can I switch to another visa category while my current visa is still valid (thinking to file for extension along with my spouse and later shift to company sponsored one, If I don’t apply along with her then have to return to home country in April first week and also I can’t work for my employer unless a new visa is issued)

Regards,
Svams