Tier 2 dependent VISA

[Nimo007]

Hi

I currently work in UK with tier 2 ict long term Visa which will end in 2018 (2016-2018 validity period). My wife was working in Tier 2 dependent Visa and now her company giving her Tier2 general Visa. So my query is if I change my VISA from Tier2 ICT to Tier 2 general dependent, do I need to inform my current company where I am working? I think I still can continue with current company if I opt for general dependent Visa so that in case i can get some other opportunity in between I will able to join. and
Is there any cooling off period? My understanding is cooling only applies after total 5 years stay in UK irrespective of ICT/general VISA? if someone can confirm please.

[CR001]

You can apply to switch within the UK if your wife is back in the UK.

No cooling off period applies. Your understanding of cooling off period is incorrect. It does not apply to PBS dependent applications. If you wish to apply for Tier 2 General MAIN applicant at some point, only then does the cooling off period apply to you.

You need to inform your employer if your visa status has changed.

[Nimo007]

Hi

Thanks for reply, so as I understand I can apply VISA from here only, no need to travel back to my home country once my wife comes back with General Visa? And really need to know what's the cooling off rule here? is it applicable to my wife as she is getting ICT dependent to general Visa? Also I i inform my employer after my VISA done then is there any implication, what's the best timing to inform them as in my case i want to continue my job in current company before i get some good opportunity, I am afraid if I inform them before/After I apply they might influence my dependent Visa and get that rejected. not sure. pls suggest.

[CR001]

You can switch to dependent status within the UK.

Cooling off DOES NOT apply to your wife.

If you switch to dependent visa and want to in the future change to main Tier 2 General visa holder, YOU will be subject to 12 month cooling off, meaning you will have to remain on Tier 2 G dependent visa for a FULL 12 months before you can apply for your own Tier 2 G from home country.

[Nimo007]

Thanks for reply, could you please confirm when cooling off applies? Wanted to know all the scenarios when it applies for ICT and general tier2 visa. Bit confused as you said cooling off not applied to my wife but will be applicable for me if i want to change, but if you see we both are in same dependent Visa for the given time.
If you can clarify please may be all the scenarios when it applies and when not. thanks.

[CR001]

Tier 2 ICT dependent applying for Tier 2 General = NO cooling off period

Tier 2 ICT Main visa holder to Tier 2 General Dependent = NO cooling off period

Tier 2 General Dependent (you) to Tier 2 General Main visa holder = 12 month cooling off period from date of Tier 2 Dependent visa (IF you wish to change to main visa holder with a sponsor)

Tier 2 General Main visa holder (wife) to Tier 2 General Dependent = NO cooling off (IF you apply as main visa holder and she then applies for dependent)

[Nimo007]

Thanks, just one final note I guess the total stay here is 5 years after that cooling off applied anyway, right? just wanted to understand if we can keep swapping VISA then is it possible to stay more than 5 years without cooling off?
Let's say I came here on 2016 and again getting sponsorship in 2019 after cooling off [Tier 2 General Dependent (you) to Tier 2 General Main visa holder = 12 month cooling off period from date of Tier 2 Dependent visa (IF you wish to change to main visa holder with a sponsor)] following just as you mentioned, then our stay gets extended till 2018+ 5 years or 2016 +5 years?

[CR001]

Yes it is possible if you keep switching back and forth but your 5 years residence will get reset with each switch between main and dependent statuses. Very expensive too with the visa fees and immigration health surcharge you have to pay.

You won't be able to apply for ILR based on 5 years residence if you keep switching like this though.

[Nimo007]

thanks.

[Nimo007]

Hi

I have ICT tier 2 VISA which is expiring on February 2018 (started from 2016), my wife has tier 2 general Visa till 2020, now my query is can i directly transfer my ICT Visa to general dependent without any cooling off period? how long it takes to transfer VISA? can i do it from UK or i need to do from home country? if someone kindly let me know please.thank you
Rgds,
Nimo

[CR001]

Topics merged.

You were already advised in November/December 2016 that there is no cooling off period if switching to PBS dependent visa.

How long it takes depends on how you apply. Postal can take a couple of months.

You can apply within the UK as already advised when you previously asked your questions in November last year.

Also note that you are not 'transferring' your visa. You are making a new application as a PBS dependent.

[Nimo007]

Hi, thanks for clarification again, if my VISA status gets changed to General dependent Visa, can i work with same employer i am working right now in ICT VISA?

thanks
Nimo

Topics merged.

You were already advised in November/December 2016 that there is no cooling off period if switching to PBS dependent visa.

How long it takes depends on how you apply. Postal can take a couple of months.

You can apply within the UK as already advised when you previously asked your questions in November last year.

Also note that you are not 'transferring' your visa. You are making a new application as a PBS dependent.

[CR001]

Hi, thanks for clarification again, if my VISA status gets changed to General dependent Visa, can i work with same employer i am working right now in ICT VISA?

thanks
Nimo

You can but it does depend entirely on your employer. You must inform them and provide evidence of your new visa once you have it.

[Nimo007]

Hi, thanks for clarification again, if my VISA status gets changed to General dependent Visa, can i work with same employer i am working right now in ICT VISA?

thanks
Nimo

You can but it does depend entirely on your employer. You must inform them and provide evidence of your new visa once you have it.

thank you, if i really need to switch from ICT main to general dependent and VISA process takes longer, can i stay in UK after my ICT main Visa expires (considering i have applied for dependent VISA)? is there any grace period where people can stay in UK after VISA expires?

NImo

[CR001]

If you submit an application before your current visa expires, you are covered under Section 3C and your existing visa conditions continue. You can also apply for a PBS Dependent visa in person at a premium service centre for a same day decision.

[Nimo007]

If you submit an application before your current visa expires, you are covered under Section 3C and your existing visa conditions continue. You can also apply for a PBS Dependent visa in person at a premium service centre for a same day decision.

hi, thanks for reply, is there a grace period that people can stay legally after ICT Visa expires? and if it is, is that recommended? kindly let me know. I am asking as i have some dependency and not clear when i can apply for either ICT extension or General dependent. thank you

[CR001]

No there is no 'grace period' in your circumstances. You must apply for either an extension or PBS dependent visa before your current visa expires.

I am asking as i have some dependency

I am not sure what you mean by this??

[Nimo007]

No there is no 'grace period' in your circumstances. You must apply for either an extension or PBS dependent visa before your current visa expires.

I am asking as i have some dependency

I am not sure what you mean by this??

Hi actually in my case, my current employer who has given ICT Visa might extend my Visa but they are not confirming me now, so if they extend i no need to go for PBS dependent right. my worry is the confirmation from my employer coming late and i have no time to be PBS dependent as my ICT Visa expiring. not sure what's the best approach to handle this situation.

Nimo