Switch from Tier-2 ICT(Long term) into Tier2 General

[me_punekar]

Hi
I am currently in UK on a Tier2 ICT - Long term visa. I have recently applied for VISA extension till July 2013. But now I have a compelling offer and new company is willing to offer me CoS under Tier 2 General.

I have few questions -
1. Can I switch to Tier 2 General in country. I guess NO but just confirm
2. If answer to above is NO then can I apply for entry VISA from India?
3. Does the cooling off period apply for new Tier 2 general entry visa as well?
4. If yes, what is the start date of the cooling off period? Is it from when I travel back to India (June-July'12) or is it one year from the expiry of my extension (July 2013)?

Awaiting for the response.

Thanks in advance

[Lucapooka]

1. Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2
(General).
2. That would depend if you are Indian or have a residence permit to live in India.
3. 245HB. Requirements for entry clearance
(g) The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, regardless of whether he was in the UK during that time
4. 12 months from the date of the visa application.

[me_punekar]

3. 245HB. Requirements for entry clearance
(g) The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, regardless of whether he was in the UK during that time
4. 12 months from the date of the visa application.

Thanks for replying.
Well, this start date of cooling off period is not enough clear.
In my case what would be start of the cooling off period? My entry to leave would be till July 2013 but I am expecting that once I go back my existing employer would notify UKBA that I have now returned and leave should be curtailed. In that case, will that notification date would be start of cooling off period?
If yes, is there any way, I can notify UKBA that I have returned and my leave should be curtailed?

Thanks in advance.

[Lucapooka]

What part of 'not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application' are you having trouble understanding? Basically on the date you apply for a Tier 2 visa you must not have had Tier 2 leave in the previous twelve months. I'm not even sure if my explanation has added any clarity to what was already clear.

[srnayak07]

*********Cooling Off period:
http://www.ukba.homeoffice.gov.uk/sitec ... nges-rules

I (Primary T2 ICT -Established Staff sub-category holder) got my T2 ICT stamped feb 2011 and entered into UK (first time) on 17-Apr-2011 and continuing working till now.

My wife got T2 ICT dependent visa stamped feb 2011 (came to UK for first time on june 2011 for 30 days , went back and then again came on March 2012 and continuing).

-If she is switching from T2 ICT dependent to T2 Gen now (say before Apr 2013 ), is she subjected to cooling Off period ?


********Switching Visa Category
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245HD(c) applies...

So,
1. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or
2. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011,
then switching is allowed ??

My point is : Is my wife eligible or she has to serve cooling off period (if she is going now to INDIA for T2 gen sponsership stamping) ?

Am I eligible - in country (UK) switch into T2 Gen ?
_________________
Regards
SRN

[Shally]

Hi,

I am on Tier2 - Spouse (Dependant) visa and is working here in uk from last 4 months.
My husband has Tier2 - Intra Company Transfer visa and our visa is valid from May 2012 to Apr 14. ( 3 months left)

I am planning to Switch my visa category from Tier2 Dependant to Tier2 General. I need to approach my employer but before that I want to make clear if I am eligible to switch?
1. Is this possible?

I have seen in UKBA site for the eligibility to apply for Tier2 General, Its showing for established staff category.

"Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor"

2. What does established staff means here? those who are working for long period 1 year.
3. Can a dependant of Tier2 ICT can apply for Tier 2 General visa???

Pls suggest.
Thanks, Shally

[manci]

@shally
not a good idea to tack onto an old thread - you should have started a new thread.

Your points 1 and 2 are not relevant to your situation.
As a PBS dependant you can change to T2G but have to apply from your home country and need a restricted CoS.

[Shally]

sorry manci, wil start a new thread..

thanks
Sally