Tier 2 ICT to Tier 2 General visa

[svinoth03]

Hi,

I am currently in Tier 2 ICT Long term visa. I believe to move to Tier 2 General visa I should serve 12 months cooling period. My queries are

1. Can I serve the cooling period within UK by moving as Tier 2 ICT spouse partner or should I serve the cooling period outside UK only ?
2. If I can serve the cooling period within UK, can I move to Tier 2 General visa once the 12 month period is over ?
3. Can I do full time job during the 12 months period working as Tier 2 ICT spouse partner ?
4. If the above is possible, can the same employer with whom I worked for 12 months under dependent visa process my Tier 2 General visa ?

Thanks.

[CR001]

1. Yes, assuming your spouse has their own ICT visa.

2. Yes but you have to apply from home country.

3. Yes.

4. If they have a license to sponsor tier 2 general and are a UK organisation I guess it is possible.

[svinoth03]

Thanks much for your quick response.

Can the same employer with whom I have my Tier 2 ICT now will be eligible to process my Tier 2 General visa provided I serve my cooling period as dependent within UK ?

[CR001]

Did I not answer your question 4 already???

[svinoth03]

No sir, to explain I detail, I believe I can make this move if my employers are different from ICT to General. Considering that I’m working under a company A with Tier 2 ICT long term. Can I be on a dependent visa and work for the same employer A for 12 months and then get to process Tier 2 General by same employer ?

[CR001]

See link below.

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

My understanding is that the restriction applies if you qualify to switch to Tier 2 General FROM Tier 2 ICT with the same employer.

However, to apply for Tier 2 General, your sponsor has to complete the full and proper RLMT to prove you have not been pre-selected and that no British or EU citizen or settled person is available for the job, before offering you the job and applying to HO for a Restricted CoS.

You do risk your sponsor being scrutinised as HO has full access to your employment record with HMRC so you might experience delays when you eventually get a RCoS and apply for a visa or HO might heavily scrutinise the RLMT and ask for full details of all applicants who applied and why they were not successful and you were.

[CR001]

p.s. I am a 'miss' not a 'sir'

[svinoth03]

Sorry, ..Noted ‘miss’.

[Frontier Mole]

If you were to attempt to return to Tier 2 general after your proposed method of remaining in the UK post T2 ICT there is absolutely no doubt in my mind the vacancy would be considered non genuine.
Anyone who has attempted to switch from one immigration status in the UK to Tier 2 general with the same employer will no doubt tell you the experience is rarely a good one.

Your Sponsor is more than likely to be visited as a result of any future Tier 2 general application you would make, two things would be ploughed to the “N th” degree - RLMT and the fact you are and have been a long term employee already.

Given the circumstances you have outlined I would be very surprised if the Sponsor retained their licence.