Tier 2 ICT Dependent to Tier 2 General

[Kalyan Manivannan]

Hi,

I have been in UK from Dec 2016 on Tier 2 ICT. My dependent wife is getting a job offer along with Tier 2 General sponsorship. Does she needs to spend 12 months cooling off period outside the country because she has held and been a Tier 2 ICT Dependent for more than 12 months?

[CR001]

Does she needs to spend 12 months cooling off period outside the country because she has held and been a Tier 2 ICT Dependent for more than 12 months?

No. The 12 month cooling off period DOES NOT apply to PBS dependents changing to Tier 2 General.

[Kalyan Manivannan]

Wow! this is really quick response, thanks mate. Just another question, does my wife need to get a restricted COS or unrestricted COS(I am still not clear about the difference between two though).

[CR001]

Restricted CoS for applications outside the UK.

Unrestricted CoS for applications to extend within the UK.

[Kalyan Manivannan]

Thanks for your reply, appreciate it.
Can you please brief what is the difference between Restricted COS and Non Restricted COS?
Does restricted COS restrict the visa holder from changing jobs on same visa?
Do we need to apply for new COS and again apply for new Tier 2 G when changing jobs?

[CR001]

Can you please brief what is the difference between Restricted COS and Non Restricted COS?

There is an annual and monthly limit on Restricted CoS available. This is not hte case for Unrestricted CoS, which depends if the sponsor has enough allocated.

Does restricted COS restrict the visa holder from changing jobs on same visa?

No it does not. It is merely the type of CoS for applications OUTSIDE the UK.

Do we need to apply for new COS and again apply for new Tier 2 G when changing jobs?

Yes.

[Kalyan Manivannan]

Do we need to apply for new COS and again apply for new Tier 2 G when changing jobs?

Yes.
[/quote]

Thanks, this is quite a key information. So in case change of jobs in Tier 2, does the visa holder again need to go out of UK to apply for Tier 2 G?
Any cooling period applied here?

[CR001]

Thanks, this is quite a key information. So in case change of jobs in Tier 2, does the visa holder again need to go out of UK to apply for Tier 2 G?
Any cooling period applied here?

No not if changing sponsors. You can apply within the UK. If you leave the UK to apply abroad, the 12 months cooling off applies.

[Kalyan Manivannan]

Thanks again, your are amazing.
One final question but quite a cheeky one: My wife is already working somewhere now on ICT dependant and the new offer and sponsorship is from someone else.
Can she keep working in the same firm even after switching to Tier 2 General? Meaning the COS for Tier 2 will be from someone but actual work is with another firm.

[CR001]

Can she keep working in the same firm even after switching to Tier 2 General? Meaning the COS for Tier 2 will be from someone but actual work is with another firm.

What exactly do you mean?? Contracting?? Is her Tier 2 General sponsor an umbrella company??

[Kalyan Manivannan]

Not contracting, full time employment.
Can she continue her current full time employment even though she switches her visa to Tier 2 general.
Does she have a obligation to resign her current job and work only with the one who sponsored her Tier 2

[Kalyan Manivannan]

[/quote]
What exactly do you mean?? Contracting?? Is her Tier 2 General sponsor an umbrella company??
[/quote]

Yes, it is an umbrella company? They are just sponsoring

[Noname36]

Not contracting, full time employment.
Can she continue her current full time employment even though she switches her visa to Tier 2 general.
Does she have a obligation to resign her current job and work only with the one who sponsored her Tier 2

This is impossible.

An umbrella company cannot sponsor her.

You can be offered employment and sponsorship by the company she will actually be working for but not a third party umbrella company.

My understanding is that she can do a limited amount of additional hours through a second employer however she would still need to be working full time hours in the job that actually sponsored her. That’s the whole point of getting sponsored - getting a visa to do the role she was sponsored to do.

[Kalyan Manivannan]

I am sorry for the wrong words used, my bad. It's not a umbrella company but a legit one, actually a large firm with more than 1000 employees.

But they are just sponsoring my wife's visa because my wife's current employer does not hold a license to sponsor. So the idea is to get sponsor and apply Tier 2 general through another company but still continue to work with her present employer even after the visa switch.

I was told this is legal, if not I do not want to pursue this route. Please advise

[Noname36]

I am sorry for the wrong words used, my bad. It's not a umbrella company but a legit one, actually a large firm with more than 1000 employees.

But they are just sponsoring my wife's visa because my wife's current employer does not hold a license to sponsor. So the idea is to get sponsor and apply Tier 2 general through another company but still continue to work with her present employer even after the visa switch.

I was told this is legal, if not I do not want to pursue this route. Please advise

I’m 99.999% sure she legally has to work for the company that sponsored her...and I’m assuming the company that are wanting to sponsor her would be expecting her to work for them too in exchange for sponsorship. This might be different for unrestricted cos but I’m fairly certain it wouldn’t be. I mean did she apply for a job with this company, interview, etc ?

If she doesn’t want to leave her current company is there any way they can apply for a sponsorship lisence?

[Sv2018]

I am sorry for the wrong words used, my bad. It's not a umbrella company but a legit one, actually a large firm with more than 1000 employees.

But they are just sponsoring my wife's visa because my wife's current employer does not hold a license to sponsor. So the idea is to get sponsor and apply Tier 2 general through another company but still continue to work with her present employer even after the visa switch.

I was told this is legal, if not I do not want to pursue this route. Please advise

This is not legal I believe, as sponsor is the intended employer of the applicant...and in case HO visits sponsor than the sponsor license may also get downgraded/suspended/cancelled if found breach of any duties.

Link shared about duties and responsibilities of sponsors
https://www.gov.uk/government/uploads/s ... 8_v1.0.pdf

[Kalyan Manivannan]

[/quote]

I mean did she apply for a job with this company, interview, etc ?
[/quote]
The big boss of the sponsoring company is my best mates father but that is into different industry than what my wife is working. So she is not applying job nor attending any interview but getting a sponsorship as a help. And after the visa switch she planned to still work in her present company with the new visa. There is no suitable role for her in the sponsoring company as it's not the same industry as per her experience.

[CR001]

The big boss of the sponsoring company is my best mates father but that is into different industry than what my wife is working. So she is not applying job nor attending any interview but getting a sponsorship as a help. And after the visa switch she planned to still work in her present company with the new visa. There is no suitable role for her in the sponsoring company as it's not the same industry as per her experience.

Unfortunately, this will not work and is not permitted under the Tier 2 General rules. She is only permitted to work for the sponsoring company, who must complete RLMT for a genuine vacancy.

What makes you believe that this is permitted or allowed on Tier 2 General? Tier 2 General is a visa tied only to the sponsoring company and that is the only company she can work for.

RLMT will clearly fail. If HO suspects any form of deception, she will face a ban and your 'best mates dads company' could lose their license.

[CR001]

Does she have a obligation to resign her current job and work only with the one who sponsored her Tier 2

Yes, that is what she is suppose to do. She cannot work for her current employer on a visa sponsored by another company. There clearly is no 'genuine vacancy' that she qualifies for in the new company.

Tier 2 General is NOT anything like the previous Tier 1 General visa where migrants were permitted to work for any employer or be self employed.

[CR001]

I was told this is legal, if not I do not want to pursue this route. Please advise

Who told you this was legal??

[Noname36]

I mean did she apply for a job with this company, interview, etc ?
[/quote]
The big boss of the sponsoring company is my best mates father but that is into different industry than what my wife is working. So she is not applying job nor attending any interview but getting a sponsorship as a help. And after the visa switch she planned to still work in her present company with the new visa. There is no suitable role for her in the sponsoring company as it's not the same industry as per her experience.
[/quote]

This is absolutely NOT allowed and the most likely outcome is that your mate’s dad’s company will have their sponsor licence revoked and your wife will have a big black mark put on her records that could very likely stop her ever getting another sponsorship/visa. Don’t do it.

She needs to find a genuine job vacancy and one that fits her skills and work for that company.