Tier 2 ICT dependent to Tier 2 ICT General

[tina1981]

Hello

My husband and I are currently in UK. Husband is on Tier 2 ICT and i am on Tier 2 Dependent. I have few questions on these

1) Can i change from Tier 2 ICT dependent to Tier 2 General while i am in the country? Or do i need to go out of the country?

2) Can my husband change from Tier 2 ICT to Tier 2 General Dependent while in the country? Or does he need to go out of the country?

3) If he needs to go out of the country, does the cooling period apply?

Thanks

[VickyImmy]

It depends on when you received your TIER 2 ICT Visa.

if you received it after 6 April 2010, you cannot switch to a TIER 2 general whether you are a main applicant or a dependent. However, if you are an established staff, and if you are considering to change your sponsor inside UK, you can switch to TIER 2 (General). But this is also not possible if your current TIER 2 ICT was granted as a long term staff after 06 April 2011.

In all other cases, you cannot switch to TIER 2 (General) inside UK. You may do this from outside UK, if your employer is willing to sponsor you.

If he applies for TIER 2 General/ICT, Yes the cooling period applies. 12 months.

[tina1981]

[However, if you are an established staff, and if you are considering to change your sponsor inside UK, you can switch to TIER 2 (General). ]


What do you mean by an established staff?[/quote]

[VickyImmy]

Please see this

http://www.immigrationboards.com/viewto ... 511#854511

[manci]

Hello

My husband and I are currently in UK. Husband is on Tier 2 ICT and i am on Tier 2 Dependent. I have few questions on these

1) Can i change from Tier 2 ICT dependent to Tier 2 General while i am in the country? No Or do i need to go out of the country? Yes

2) Can my husband change from Tier 2 ICT to Tier 2 General Dependent while in the country? No Or does he need to go out of the country? Yes

3) If he needs to go out of the country, does the cooling period apply?No

Thanks

[mabbath]

Hi Manci,

My wife has the same situation as tina.
I have a question specifically on question 3 that tina raised.

I heard from one of my colleagues that an ICT Tier 2 main applicant has to undergo the cooling period before applying to any other visa. He says he is experienced with a similar situation.

Hence, I wanted re-verify what is correct.
1) Are there any policy documents that state cooling period does not apply?
OR
2) Is there any different approach one should take to switch from ICT Tier 2 to ICT general dependant?

Thanks!

[manci]

I heard from one of my colleagues that an ICT Tier 2 main applicant has to undergo the cooling period before applying to any other visa.
the cooling period only kicks in if the person applies for another T2 visa. A PBS dependant visa is not a T2 visa

Hence, I wanted re-verify what is correct.
1) Are there any policy documents that state cooling period does not apply?
no there aren't. There are only documents that state when the cooling period does apply, e.g Immigration Rule 245GB(d)

Note that the answer to Tina's question No 2 is now different following the rule changes in October 2013

[mabbath]

Hi Manci,

Thanks for your response!

The tier 2 guidance document states the following note:
"1. Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted entry clearance under the rules in place after
6 April 2011 cannot switch into Tier 2 (General)."

Do all your responses hold good even if one belongs to this category?
i.e.. Can one immediately apply for a PBS dependant visa without undergoing cooling period even if he or she belongs to the above category?

Thanks!

[manci]

Hi Manci,

Thanks for your response!

The tier 2 guidance document states the following note:
"1. Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted entry clearance under the rules in place after
6 April 2011 cannot switch into Tier 2 (General)."
not relevant to the question you asked

Do all your responses hold good even if one belongs to this category?
i.e.. Can one immediately apply for a PBS dependant visa without undergoing cooling period even if he or she belongs to the above category? yes, as previously stated
Thanks!

[mabbath]

Hi Manci,

My wife's employer may help her to obtain the COS required for tier-2 general application.

In the mean time, she was asked to submit the Change of Circumstances form to UKBA to inform about her case.
She was told by her employer that UKBA would respond back to the Change of Circumstances form.

1. I believe she can stay in the country (with a PBS dependant visa) even after the main applicant (me) has left. But this extended duration of stay will be restricted by UKBA. UKBA would mention about this duration in response to the change of circumstances application form. Is this correct?
2. Do you know how long UKBA usually takes to respond back to a Change of Circumstances application?
3. Is there any website/link where such cases can be tracked?

Thanks in advance!

[manci]

this thread was started more than 6 months ago before the changes to the rules in Oct 13.

Please re-state your question and give the full background (or start a new thread)

[mabbath]

Hi Manci,

Restating my situation:
I hold a tier 2 ICT long term visa. My wife is here as a PBS dependent and is also employed. Now, I am leaving the country due to my project circumstances and so, my wife is in process of getting a tier 2 general visa done with the help of her employer. Her employer will be applying for COS soon.

In the mean time, She was asked to submit the Change of Circumstances form to UKBA to inform them about her case.
She was told by her employer that UKBA would respond back to the Change of Circumstances form.

1. I believe she can stay in the country (with a PBS dependant visa) even after the main applicant (me) has left. But this extended duration of stay will be restricted by UKBA. UKBA would mention about this duration in response to the change of circumstances application form. Is this correct? Will UKBA respond back till when she can stay even after I leave?
2. Do you know how long UKBA usually takes to respond back to a Change of Circumstances application?
3. Is there any website/link where such cases can be tracked?

Thanks!

[manci]

Your wife can only apply for a T2G visa (entry clearance) from her home country and will need a restricted CoS which will involve her sponsor having to do an RLMT unless her job is a shortage occupation or she is a high earner.

How long she can stay in the UK will depend on the circumstances of you leaving the UK (which your sponsor must report to the HO within 10 days).

The Change of Circumstances form incl. help text is here:
http://www.ukba.homeoffice.gov.uk/sitec ... stanc2.pdf
Once it is submitted the HO will confirm in a letter that they noted the changes but they don't say how long this takes. See para 219 of the T2 policy guidance

[mabbath]

Thanks Manci!

One of the changes in the Change in Circumstances form is the change in contact address. The new address that is applicable is in INDIA.

1. So, will UKBA be able to send the confirmation letter to any place across the globe?
2. My wife will be applying for her visa (entry clearance) from India. Does the above confirmation letter (from UKBA) also become one of the documents to be submitted by her at the time of entry clearance application? I know that it is not mentioned as a necessary document in the UKBA website, however, wanted to get it clarified.

Regards

[manci]

1. Your wife will complete the change of circumstances form and from what you said earlier she wishes to remain in the UK for the time being.
2. no harm in enclosing the letter when the time comes for her eventual application.

[mabbath]

Hi Manci,

I have a valid Tier 2 ICT long term visa since 2012 and it is valid till mid 2015. While I was employed in UK (on a project), my wife who had a PBS dependant visa got employed with a UK based employer. Recently, my project got completed and both of us had to return back to our home country. My wife's employer agreed to process for a Tier 2 General visa for her and it is currently under process. She will be soon undergoing the Entry Clearance process.
My plan is to apply for a PBS dependant visa only after my wife has obtained her Tier 2 General visa.

The questions below are pertaining to my application for a PBS dependant visa once my wife has obtained her Tier 2 General visa.
1. a) Since my ICT Tier 2 visa is currently active, can I apply for a PBS dependant visa at the same time?
OR
b) Should I ask my employer to cancel the ICT Tier 2 Visa first and only then process the application for a PBS dependant visa?
For your information, my employer wants to keep the ICT Tier 2 visa active for me so that I can take up any other projects
coming up in UK (before my visa expiry).
2. Should my employer inform the UKBA that I am no longer working in UK, however, my visa will be kept active for probable
future projects?
3. If case 1.a) above is valid, should I be informing the UKBA about this situation that I will be applying for a PBS dependant visa
even though my ICT Tier 2 visa is still valid? If yes, How should I do this?
OR
without any prior notice, can I go ahead and apply for a PBS dependant?

Thanks in advance!

[vengaishiva]

Hi,
I am also in a very similar situation. Have you found out the solution? Please help