Help Needed - Switching from TIER 2 ICT route to TIER 2 General Route

[sdpkm_dee]

Hi,

I would appreciate if someone could please help with some queries I am trying to resolve based on the background mentioned below:

Background: I am working in the UK on TIER 2 ICT VISA (Current VISA running until about mid of 2019) and accompanied in the UK by my spouse and child and they both are my PBS dependents (Partner & Child category). My spouse has been working for a UK based employer (as my dependent) and has been offered new roles with option for sponsorship by 2 other employers to get T2 General VISA. One of the new employer (Employer 1) is currently processing RCoS application (duration 5 years) for getting TIER 2 General VISA before my spouse can start work, however the other (Employer 2) has offered to look into sponsorship as and when needed (i.e. my spouse can join now while being on my dependent VISA and then take some annual leave to get TIER 2 General VISA from outside UK once RCoS is issued).

Employer 1 had already issued a CoS recently, however we luckily noticed that the type in the CoS was Tier 2 (General - Switching Immigration Category) and speaking to few experts online we found out that the in our kind of cases, type should always be "Restricted - New Hires" since we are not allowed to switch from TIER 2 ICT route to TIER 2 General route while being in the UK. So, we advised the company about this and hence they are currently processing RCoS (Result awaited for 13th Jan allocation round).

Based on my research I could see that while my Child and I could continue on our current VISA (Through ICT route), however my spouse would proceed to get the TIER 2 General VISA processed outside the UK. Once my spouse has traveled back to the UK on new T2G VISA, I would apply to switch (While being in the UK) from TIER 2 ICT "Main" and "Child" to join as spouse's dependents. This is based on the caveat that my spouse gets the VISA ahead of current ICT based VISA expires.

Q1 - Should my child and I apply to switch from T2 ICT (Main & Child) altogether with my Spouse or separately (once my spouse has got the new VISA and traveled back to UK)? Asking on what could be the best recommendation based on the background. Also, would my child and I be able to Switch to T2 General Dependents while being in the UK once my spouse is back in UK with the T2G VISA?

Q2 - In case my spouse end up going with Employer 2, is it right that my spuse can join now (as ICT dependent) and apply for T2G from outside UK without leaving (or resigning) the company? Is RLMT still required before RCoS is issued in this case?

Q3 - In case i and my Child Switch to T2G Dependent, how does it impact my ability to work with my current employer? Would I still be able to continue working for my current employer, if so what process needs to take place before i decide to switch the VISA and after I have got the new dependent VISA?

Q4 - Once I switch from T2 ICT to T2 Gen Dependent, how soon can I be eligible to switch into T2 Gen on my own? Is there a cooling off involved, if so for how long?

Q5 - Is priority service available when T2G is applied from outside the UK (India in my case)? If so, what are current fees and processing time for the same using priority?

The above Qs should do for now, however I would want to post more queries based on the responses I get.
Thanks in advance!

[CR001]

Q1 - Should my child and I apply to switch from T2 ICT (Main & Child) altogether with my Spouse or separately (once my spouse has got the new VISA and traveled back to UK)? Asking on what could be the best recommendation based on the background. Also, would my child and I be able to Switch to T2 General Dependents while being in the UK once my spouse is back in UK with the T2G VISA?

Apply to change your visas to dependent visas once your spouse has her tier 2 General visa.

Q2 - In case my spouse end up going with Employer 2, is it right that my spuse can join now (as ICT dependent) and apply for T2G from outside UK without leaving (or resigning) the company? Is RLMT still required before RCoS is issued in this case?

RLMT will still be required to prove she has not been pre-selected if she already works for the sponsor. Note that Employer 2 cannot assign a CoS if another employer has already assigned one to her. Employer 1 will have to withdraw the CoS first.

Q3 - In case i and my Child Switch to T2G Dependent, how does it impact my ability to work with my current employer? Would I still be able to continue working for my current employer, if so what process needs to take place before i decide to switch the VISA and after I have got the new dependent VISA?

You have to update your employer once you have your new dependent visa. Whether your employer keeps you or allows you to work, is entirely up to them. This is not an immigration issue but an employment one.

Q4 - Once I switch from T2 ICT to T2 Gen Dependent, how soon can I be eligible to switch into T2 Gen on my own? Is there a cooling off involved, if so for how long?

You would need to be on a dependent visa for 12 months before you can apply for your own tier 2 from home country.

Q5 - Is priority service available when T2G is applied from outside the UK (India in my case)? If so, what are current fees and processing time for the same using priority?

Yes. Likely around £500 extra.

[sdpkm_dee]

Many thanks for prompt response.

On Q2, do you think it is possible to apply for VISA outside UK without resigning from the company?

Also, based on the background, do you have any further advise to us that we should be careful about?

[SKJ1984]

I have did exactly what you have planned.

Wife gets T2G first from home country.
Second Applied PBS partner and child from home. Can be done in UK.

Priority in India is 20K INR and you get decision in a week.

Now coming to your work in ICT. What's your notice period and what's your plan in future. Quitting or continuing? You must inform them as soon as you get your spouse visa and they decide what to do.

For Q2: This is bit risky. Even if you work for the same company. You still need RLMT and rCos. And you must prove you are not preselected. So better get a rCos straight away

[sdpkm_dee]

I have did exactly what you have planned.

Wife gets T2G first from home country.
Second Applied PBS partner and child from home. Can be done in UK.

Priority in India is 20K INR and you get decision in a week.

Now coming to your work in ICT. What's your notice period and what's your plan in future. Quitting or continuing? You must inform them as soon as you get your spouse visa and they decide what to do.

For Q2: This is bit risky. Even if you work for the same company. You still need RLMT and rCos. And you must prove you are not preselected. So better get a rCos straight away

Many thanks for your reply on this thread. Thanks for clarifying further on my Q2, I will keep that in mind about RLMT.

[sdpkm_dee]

One more question:

Q6 - Can the current address on RCoS mentioned be an UK address since my spouse is currently staying in the UK and technically her current address at the time of CoS being issued is UK only?

[SKJ1984]

One more question:

Q6 - Can the current address on RCoS mentioned be an UK address since my spouse is currently staying in the UK and technically her current address at the time of CoS being issued is UK only?

Yes it was UK address for me as well. No worries

[sdpkm_dee]

One more question:

Q6 - Can the current address on RCoS mentioned be an UK address since my spouse is c
urrently staying in the UK and technically her current address at the time of CoS being issued is UK only?

Yes it was UK address for me as well. No worries

Many thanks, Can you please guide me on the documents required to submit application by my spouse in India (on her own)? Following is what I think of:

1. Filled in VISA application + vfs Appointment letter
2. RCoS Print Out
3. Job offer showing role description etc
4. Cover letter by employer (Is it required?) - I am thinking to get this arranged?
5. Cover letter from me - discussing details of my child and mine status to continue on ICT VISA and supporting spouse's maintenance for Initial settlement along with my 6 Months UK Bank Statement (attested by bank)
6. Proof of Funds - Spouse's UK Bank Statement and Indian Bank Statement (both attested) to cover funding requirement of £945 for past 90 days
7. Proof of English Language Level - UK NARIC Letter + Education Credentials (Bachelor degree final certificate)
8. Spouse Passport and Current BRP
9. Copy of my child's and mine Passport and Current BRP Cards
10. TB Test Certificate and X-rays
11. Old passports - showing travel history
12. Old Refusal letters (if any)
23. VISA Payment & IHS Payment Confirmation with IHS Ref letter

Anything else to add, or anything to treat as optional document?

Also while filling application, does the BRP collection address need to be a location where the job is located?

[CR001]

3, 4, 5, 9, 12 - not required. You are submitting far too many unnecessary documents.

Post office for brp collection is one you/spouse nominates to collect brp, Cana be anywhere you choose.

[sdpkm_dee]

3, 4, 5, 9, 12 - not required. You are submitting far too many unnecessary documents.

Post office for brp collection is one you/spouse nominates to collect brp, Cana be anywhere you choose.

Thanks for clarifying. While on 5 (cover letter from me), I just wanted to add this to corroborate "Proof of funds" requirement telling that we have £945 all the way through past 90 days and moreover I am also employed and will continue to support on maintenance if they don't feel satisfied with my spouse showing funds from both UK and Indian accounts added altogether (there would be currency conversion involved and all), so just thought of this as a supplement.

[sdpkm_dee]

3, 4, 5, 9, 12 - not required. You are submitting far too many unnecessary documents.

Post office for brp collection is one you/spouse nominates to collect brp, Cana be anywhere you choose.

Also another question, Q7 While we trust that Employer 1 (A rated) has gone with thorough RLMT before getting the RCoS approved / allocated by HO (we got a message about it being approved yesterday), does it still carry any risk of VISA being rejected due to inappropriate RLMT or any chance of work permit being terminated during any audit later on? Just wanted to understand the risk involved, since we are bearing all the visa expenses which is huge .

[CR001]

Proof of funds" requirement telling that we have £945 all the way through past 90 days and moreover I am also employed and will continue to support on maintenance if they don't feel satisfied with my spouse showing funds from both UK and Indian accounts added altogether (there would be currency conversion involved and all), so just thought of this as a supplement.

Not required. HO will only look at bank states, UK or abroad. Ho use their own currency conversion process, you don't have to do their job for them. Your employer is completely irrelevant.

Do not send unnecessary documents which can complicate the application or cause important things to be missed.

[sdpkm_dee]

I have did exactly what you have planned.

Wife gets T2G first from home country.
Second Applied PBS partner and child from home. Can be done in UK.

Priority in India is 20K INR and you get decision in a week.

Now coming to your work in ICT. What's your notice period and what's your plan in future. Quitting or continuing? You must inform them as soon as you get your spouse visa and they decide what to do.

For Q2: This is bit risky. Even if you work for the same company. You still need RLMT and rCos. And you must prove you are not preselected. So better get a rCos straight away

Hi there related to Q2, the employer 2 has advised that they bave done similar kind of thing in the past without any issue and kind of suggesting to do the rcos in between after my spouse has joined. The propsed work start dat at that job is fast approaching. I have read that rlmt should be done within 6 month in past if rcos allocation date. How would this be specifically proved that candidate is not preselected?