Tier2 ICT Dependent --> Tier2 General clarification

[Arunapriya]

Hi all,

I am currently in Tier2 ICT dependent visa and working in a company. My company has offered to sponsor Tier2 General visa. I have few questions regarding the process as the company is doing for the first time.

1. Am already an employer for the past 1 and half years. Is RLMT required before CoS?
2. RLMT is done when I was hired. Can this be accounted ? Does it have any expiration date?
3. Which CoS category I come?
Will I be mapped to 'Tier2 unrestricted - Switching immigration category' ? Few others say I come in 'Tier2 restricted - New hire category'. Am confused as I am already an employer and not a new hire.

Please help me clarify. Appreciate any help.

Thanks,
Aruna

[CR001]

1. Yes rlmt is required if it is not a shortage occupation.

2. Rlmt is only valid for 6 months so an old rlmt won't work.

3. You need a Restricted CoS new hires. You are new hire for the purpose of the tier 2 visa. You cannot switch to tier 2 within the UK on an unrestricted cos.

[CR001]

Also, please do not post your questions in the RCoS monthly topics, link below. Your post has been removed. These topics are only for members waiting for ho approval on rcos.

uk-tier-2-employer-sponsored-visas/sept ... l#p1829723

[Arunapriya]

Thanks CR001 for the quick reply. Really appreciate it.

In the definition of Unrestricted CoS, there is this line

individuals already in the UK under another immigration category and who are eligible to switch into Tier 2 (General); this doesn’t include those who are in the UK as a Tier 4 dependant

I am already in UK under ICT Tier2 dependent and eligible to switch Tier2 General. This is where am getting confused. So why not unrestricted?

Is dependent not considered another immigration category?

[CR001]

You cannot switch within the UK from ICT dependent visa. The UK website states this clearly. You have be on an eligible visa to switch, you are not.

You have to apply from home country with a restricted cos if one is approved by ho at the monthly allocation meeting.

https://www.gov.uk/tier-2-general/switch-to-this-visa

Eligibility
You must already be in the UK under any of the following visas or schemes:

Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification, will complete your course in 3 months, or you’ve done at least 12 months of a PhD
Start-up visa
Innovator visa

You can also switch to a Tier 2 (General) visa if you’re:

a dependent partner of someone with a Tier 4 visa
a representative of an overseas business

You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories.

[SKJ1984]

You are not switching visa category. You must get new tier 2 general from home country. For this you need a restricted cos. Refer the answer from cr001.

Don't get confused with unrestricted cos. you are not eligible for unrestricted cos from ICT dependent.

1. Since you are already an employee of the same employer, this is going to invite more troubles as you can be considered pre selected for it. The RLMT must be conducted and is valid only for 6 months. This is specific for applying visa. Even if they have conducted that during your initial selection it was not used by you since you directly joined with you existing ICT dependent. Unless your job is a shortage occupation one, you need RLMT results.

2. The old RLMT will be invalid. Racks cannot be issues with that reference. Your employer must conduct a fresh one for applying rCos.

3. You come under tier 2 general restricted new hires. There's others are correct.

Note: my wife was in your situation few months back. She got tier 2 new hire with a valid rCos and RLMT conducted and then applied from home country. She was working in UK for 2 years prior to that but for a different employer.

What's your occupation. Check if it is shortage one as per new amendments. My wife's occupation turned into a shortage one in the recent amendments.

[Arunapriya]

Thanks CR001 & SKJ1984 for your detailed explanation.

That's clear now. I will ask my company to raise New hire CoS.

My SOC code is 2139 and my job title is not listed in recent shortage occupancy list. Looks like, RLMT & New Hire CoS is my option.

Thanks again for the help.

[CR001]

Don't forget that you need to meet the experienced salary (£31,100 pa based on 39 hours per week) for the RCoS and visa.

[Arunapriya]

Yes, checked that. My salary is above that limit.

Thanks for pointing.