PBS Dependent to PBS Main

[jrs1984]

Hi All,

Currently I am on Tier 2 ICT Long term VISA (with my wife as a Tier 2 ICT dependent) which will be expiring next year. I understand there is 1 year cool off where I will have to stay outside UK before applying again as ICT main applicant.

My wife is getting an option of sponsorship for Tier 2 General visa, through which I can get myself converted as Tier 2 general dependent before my ICT visa expires (and remain with my current employer)

My question is, would me being as Tier 2 general dependent count towards the cool off i.e. will I be able to apply as Tier 2 ICT main applicant (with the same employer) after working one year being on Tier 2 general dependent in UK?

Tier 2 ICT Main -> Tier 2 General dependent (> 1 year) -> Tier 2 ICT Main - without leaving UK ?

I couldn't find any post specific to this situation and hence request your help to re-direct to correct information.

Cheers.

[CR001]

My question is, would me being as Tier 2 general dependent count towards the cool off i.e. will I be able to apply as Tier 2 ICT main applicant (with the same employer) after working one year being on Tier 2 general dependent in UK?

Tier 2 ICT Main -> Tier 2 General dependent (> 1 year) -> Tier 2 ICT Main - without leaving UK ?

You can spend 12 months as PBS Dependent for the cooling off period. You cannot apply for another ICT visa though as the main requirement for this is to work for the employer overseas for a minimum of 12 months to qualify.

Do you mean 'Tier 2 General' and not 'ICT'?

If yes, you still can only apply for Tier 2 General from home country. You cannot switch within the UK as a PBS Dependent.

[jrs1984]

Thanks for the reply -

Regarding - "You cannot apply for another ICT visa though as the main requirement for this is to work for the employer overseas for a minimum of 12 months to qualify."

Actually, I am working with the same employer since last 4+ years in UK. Also, I have worked with the same employer 2+ years in my home country before coming to UK on ICT visa.

I am planning to switch to Tier 2 General dependent and continue working for the same employer for 1+ year (instead of going back to home country for 1 year as cool off). So, my query was, will I be able to apply Tier 2 ICT main again after 12+ months on tier 2 general dependent visa, from the same employer?
I am just trying to avoid going outside UK for the cool off, continue working for same employer from UK but on a different visa for cool off.

Regards.

[CR001]

Why do you want to switch from ICT to PBS Dependent and then back to ICT?? This doesn't make sense. Why not just apply to extend your ICT if you can.

That aside, you cannot apply for ICT after PBS Dep if you have NOT been working for your sponsor in your HOME COUNTRY for 12 months immediately prior to visa application.

Page 5, bullet point 2 (click)

Most migrants switch from ICT to PBS Dependent for 12 months so that they can apply for Tier 2 General (which does lead to ILR).

You can spend 12 months WITHIN the UK as PBS Dependent but you still cannot apply for another Tier 2 within the UK. You can only apply from home country.

[jrs1984]

Hi Guys,

This could be a tricky condition.

My wife and I works for the same company. We traveled to UK 4 years ago on Long term ICT, me being as main applicant and my wife as ICT dependent. Recently, as my visa was going to expire, our company sponsored my wife as Tier 2 main applicant and I switched as her ICT dependent. Now this visa could let us to remain in UK for next 5 years.

I need to check if during these next 5 years, will I be allowed to switch to Tier 2 General, possibly after 1 year as Tier 2 ICT dependent?

OR, I HAVE to move out of UK for at least 1 year as a cool off for my initial ICT main?

Thanks in advance.

Cheers

[CR001]

This could be a tricky condition.

It isn't really. Not sure why you think it is 'complex' or 'tricky'.

I need to check if during these next 5 years, will I be allowed to switch to Tier 2 General, possibly after 1 year as Tier 2 ICT dependent?

After 12 months on PBS Dependent visa, you can apply for Tier 2 General main visa from home country.

OR, I HAVE to move out of UK for at least 1 year as a cool off for my initial ICT main?

The 12 months on the PBS Dependent visa IS the cooling off period.

[jrs1984]

Thank you very much, Ms.

Much appreciated.

I found it tricky because of my initial years as ICT main, your response has got the clarification I needed.

Regards.

[jrs1984]

Hi,

My wife and I have been working with the same company in UK since last 5 years. We both used to work for same company for 2+ years in home country as well, before travelling to UK.

In 2013, we travelled to UK on me being ICT Main and wife being ICT dependent. After completing 4 years on this VISA, we switched our dependencies, i.e. in 2017 Dec my wife became the ICT main applicant while I became the ICT dependent. We continue working for same company.

There have been some personal complications due to which my wife need to leave the Job.

My company is exploring the option to again make me ICT main applicant. Is this allowed as per gov regulation?

Can I count my period in UK as ICT dependent to show as a cool off for the initial ICT main I used to be between 2013-17?

Cheers,
J

[CR001]

Topics Merged (click)

[CR001]

What is the salary you are on or being offered?

You can only apply for ICT visa without working for the sponsor for 12 months in your home country under certain conditions.

You could however apply for Tier 2 General from home country though if you meet the requirements.

[jrs1984]

Salary is around 45k pa. I have worked for the same company in home country for 2 years, then worked for 4 years in UK on ICT with same company, and now working as ICT dependent with the same company since last Dec.
So no change in company, once change in VISAs.

Thanks

[CR001]

To apply for an ICT visa without the mandatory most recent 12 months employment ABROAD, you must be earning a minimum of £73,900pa. This does not apply to Tier 2 General though.