Switch From Tier 2 ICT to Tier 2 General dependant

[tmats]

Hi team,
I am currently on Tier 2 ICT (main applicant) and completing my 5 years in UK in July. My spouse is working as ICT dependant. She managed to get a new employer who is ready to sponsor her T2 Gen visa. So as I understand she would have to go to her home country for applying fresh Tier 2 gen visa. My questions are:

1. Can she apply for her Tier 2 Gen from home country even after July (expiry of current ICT) visa?

2. We would be travelling back to our home country just before my current ICT visa expires. Will the cooling off period apply to me? As I understand I don’t have cooling period if I become tier 2 gen dependant. Is it true even after my expiry of ICT when I am in my home country?

3. Can I work for the same employer (sponsorer of current ICT main applicant) once I am back in UK as tier 2 gen dependant?

Thanks a lot!!

Regards
TMAT

[Sv2018]

Hi team,
I am currently on Tier 2 ICT (main applicant) and completing my 5 years in UK in July. My spouse is working as ICT dependant. She managed to get a new employer who is ready to sponsor her T2 Gen visa. So as I understand she would have to go to her home country for applying fresh Tier 2 gen visa. My questions are:

1. Can she apply for her Tier 2 Gen from home country even after July (expiry of current ICT) visa?
Yes, there is no connection
2. We would be travelling back to our home country just before my current ICT visa expires. Will the cooling off period apply to me? As I understand I don’t have cooling period if I become tier 2 gen dependant. Is it true even after my expiry of ICT when I am in my home country?
Yes, like I said in 1), Cooling period does not apply to Tier 2 dependent
3. Can I work for the same employer (sponsorer of current ICT main applicant) once I am back in UK as tier 2 gen dependant?
Yes, but make sure to update your immigration status to your employer
Thanks a lot!!

Regards
TMAT

[tmats]

Thanks for your reply. Also have two additional questions.

1. Once I have got a T2 Gen dependant visa; when can i switch to T2 Gen main applicant. Is this period 12 months?

2. Also regarding ILR if I switch to T2 Gen Main applicant will the 5 year counter gets reset for both the applicants.
If point 1 is true then in that case it would be 1 year on dependant plus additional 5 years as main applicant? Is it true or in total 5 years is required?

Regards
TMAT

[CR001]

1. Once I have got a T2 Gen dependant visa; when can i switch to T2 Gen main applicant. Is this period 12 months?

Yes, 12 months from the date you left the UK. You will also have to apply for Tier 2 General from your home country.

2. Also regarding ILR if I switch to T2 Gen Main applicant will the 5 year counter gets reset for both the applicants.
If point 1 is true then in that case it would be 1 year on dependant plus additional 5 years as main applicant? Is it true or in total 5 years is required?

You need EITHER 5 years as PBS Dependent OR 5 years as PBS main visa holder. You cannot combine dependent and main visa holder time to make up 5 years.