shift from Tier 2 (ICT Short term ) dependent visa to Tier 2

[sareen.ankita]

Hi

I came to UK with my husband on Tier ICT Short term VISA in April 2014.
I am here on ICT Short term dependent Visa and I have started working here In UK. My employer is ready to sponsor me and has told me that they will be doing it the month of December. My employer is an A rated sponsor.

Queries are as follows:
1. As I am on Tier 2 ICT short term visa(Dependant) will I be able to shift to Tier 2 General within UK?
2. If Yes Will my husband who has ICT Tier 2 Short term Visa would be able to shift to Tier 2 general dependent Visa?
Will the cooling Off period applies to us or on my husband?

If at all we are eligible for tier 2 general visa can we apply from here in UK or do we have to go back to our native country India and then apply from there.

Please Reply...as we are looking for a possible solution to extend our stay in UK.

[jashds]

1. As I am on Tier 2 ICT short term visa(Dependant) will I be able to shift to Tier 2 General within UK?
You need to go back to your home country to apply.
2. If Yes Will my husband who has ICT Tier 2 Short term Visa would be able to shift to Tier 2 general dependent Visa?
Will the cooling Off period applies to us or on my husband?
Once you go back to your home country , get your visa stamped and come back your husband can apply in the UK provided he is still working with his company on the ICT visa.
Your husband does not need to serve any cooling off for a visa switch from ICT main applicant to general dependent.

If at all we are eligible for tier 2 general visa can we apply from here in UK or do we have to go back to our native country India and then apply from there.
You need to go back since you are the main applicant. Your husband can apply in the UK once your visa is processed and you return to the UK. However, you both can travel back get your visa processed together in the home country and return to the UK.

[manci]

Hi

I came to UK with my husband on Tier ICT Short term VISA in April 2014.
I am here on ICT Short term dependent Visa and I have started working here In UK. My employer is ready to sponsor me and has told me that they will be doing it the month of December. My employer is an A rated sponsor.

Queries are as follows:
1. As I am on Tier 2 ICT short term visa(Dependant) will I be able to shift to Tier 2 General within UK?
no, you would have to apply from home country with a restricted CoS

2. If Yes Will my husband who has ICT Tier 2 Short term Visa would be able to shift to Tier 2 general dependent Visa?
once you have your T2G visa your husband can change to PBS dependant in-country

Will the cooling Off period applies to us or on my husband?
no

If at all we are eligible for tier 2 general visa can we apply from here in UK or do we have to go back to our native country India and then apply from there.

Please Reply...as we are looking for a possible solution to extend our stay in UK.

[sareen.ankita]

Thank you very much Manci and Jashds for your reply....

[sareen.ankita]

Hi All,

I have one query related to tier 2 general visa application. My company has decided to sponsor me under tier 2 visa and so has posted the job in job center plus for the RLMT.
I wanted to know that what is the minimum salary threshold for the Tier 2 general application. I am working as test analyst in cardiff. In the UK visa office it is mentioned that you should have 20,500 pounds annual salary, but I have read somewhere that based on the experience and job role the salary slab differ...
My current salary is 26000 p.a. I just wanted to know when my company would apply for Restricted COS then will this salary suffice the purpose or the application will get rejected.

If that is the case, then is there any alternative available?

Please suggest.. I need to inform my employer if this is the case as they are applying for this VISA for the first time.
Please note that they are A rated sponsor.

your reply is much awaited

Thanks & Regards
Ankita Sareen

[manci]

you need to ask your sponsor what job SOC code they are going to use when assigning your CoS. Your salary will have to be at least the min. given for the SOC code in the codes of practice or £20.5k, whichever the higher. Note that the min. SOC code salaries are also a function of the weekly working hours and that the job must be NQF level 6.

https://www.gov.uk/government/uploads/s ... _final.pdf

[sareen.ankita]

Hi Manci,

Thanks for your reply. I have received my Restricted COS and there I can find the start date is mentioned as 28th of Feb 2015 and end date as 28 Feb 2020.
I am currently working here on ICT tier 2 dependent VISA.My husband visa is valid till 28th of feb 2015. But he would be leaving UK on 18th of Feb 2015.I was planning to apply my VISA in the month of JAN.
Queries:if i apply for my visa in the month of jan ,then will my existing visa will be valid till end of feb or not.
2. if my husband apply with me as dependent together, will his existing visa be valid till end of feb or not or his existing visa will get cancelled?
3. do i need to apply for visa for more than 3 years of category because of the dates mentioned?
4. is there any solution if my husband has to apply from uk in order to avoid his job termination due to his visa expiry.

[manci]

Hi Manci,

Thanks for your reply. I have received my Restricted COS and there I can find the start date is mentioned as 28th of Feb 2015 and end date as 28 Feb 2020.
I am currently working here on ICT tier 2 dependent VISA.My husband visa is valid till 28th of feb 2015. But he would be leaving UK on 18th of Feb 2015.I was planning to apply my VISA in the month of JAN.
Queries
1. if i apply for my visa in the month of jan ,then will my existing visa will be valid till end of feb or not.
if your application is successful your new visa will supersede your existing visa.

2. if my husband apply with me as dependent together, will his existing visa be valid till end of feb or not or his existing visa will get cancelled?
if you are applying in Jan from home country and your husband is still in the UK you cannot apply together.
3. do i need to apply for visa for more than 3 years of category because of the dates mentioned?

4. is there any solution if my husband has to apply from uk in order to avoid his job termination due to his visa expiry.
once you are back in the UK on your your T2G visa your husband can switch to PBS dependant status from within the UK

[manci]

@sareen.ankita
if you want to apply for less than 3 year leave ask your sponsor to add a sponsor note to your CoS changing the work end date accordingly

[sareen.ankita]

HI Manci,

I applied for my TIER 2 General VISA from India and I have received my Tier 2 general visa which is due to start from 14th feb 2015.
Now My husband's visa which is Tier 2 ICT short term staff is due to expire on 28th feb 2015.
My queries are as below:
1. Can he and my daughter apply with in UK or do they have to go back to their home country India to apply for the Dependant visa.
2. I applied for my daughter's dependent Visa along with my application in India. But unfortunately her visa was refused because her father did not applied along with my application. Which is our mistake but this happened because my husband's company wanted to make sure that I have got the visa successfully and only then they will ask for his extension.
in this scenario can my daughter apply from UK again.

3. Can they apply before my visa is stamped or they can apply only after my new visa is activated.

4. Lastly, Do I have to go to India to stamp my visa or I can go to any country nearer to UK to avoid long distance travel.

Please note we are currently in UK now on ICT Tier 2 short term VISA.

Please reply. We are in a very complicated situation and would require your help.

Regards
Ankita Sareen

[manci]

T2 ICT short term staff leave can only be extended to max 12 months total stay.

Once your husband switched to PBS dependant status (in the UK) he is free to work and his employer doesn't have to apply for anything.

From your post it is not clear where your daughter is at present, what visa she has and when her visa expires

[sareen.ankita]

Hi Manci,

My daughter is also on TIER 2 ICT short term dependent visa.Her visa is valid till 28th feb 2015 just like us and she is currently in UK with us.
Please suggest whether she can apply from UK too.
also I forgot to mention that I have got the visa for 5 years. My visa expiry date is march 2020.

Regards
Ankita Sareen

[manci]

Hi Manci,

My daughter is also on TIER 2 ICT short term dependent visa.Her visa is valid till 28th feb 2015 just like us and she is currently in UK with us.
Please suggest whether she can apply from UK too.
If you are already in the UK on your new T2G visa both your husband and your daughter should apply for PBS dependant leave (in the UK) before their current leaves expire

also I forgot to mention that I have got the visa for 5 years. My visa expiry date is march 2020.

Regards
Ankita Sareen

[sareen.ankita]

Hi manci,

I would request you to answer 2 more queries which you have not responded before:
they are as follows:
My tier 2 General is due to start from 14 Feb 2015 and my husband and my daughter has TIER 2 ICT short tem staff VISAtypes.
Daughter on dependent visa (Tier 2 ICT short term) due to expire on 28th feb.

1. Can they apply before my visa is stamped or they can apply only after my new visa is activated.

2. Do I have to go to India to stamp my visa or I can go to any country nearer to UK to avoid long distance travel.

[manci]

Hi manci,

I would request you to answer 2 more queries which you have not responded before:
they are as follows:
My tier 2 General is due to start from 14 Feb 2015 and my husband and my daughter has TIER 2 ICT short tem staff VISAtypes.
Daughter on dependent visa (Tier 2 ICT short term) due to expire on 28th feb.

1. Can they apply before my visa is stamped or they can apply only after my new visa is activated.
you said that you already had your T2G visa and were in the UK.

2. Do I have to go to India to stamp my visa or I can go to any country nearer to UK to avoid long distance travel.

[sareen.ankita]

Hi Manci,


Yes I am in UK but my new Visa which is tier 2 general is not yet stamped from immigration as its start date is 14th feb 2015 and that would only be stamped once I return back to UK.
That is why I asked the queries below.
would you please advice me on this. Your suggestion are welcome.

[manci]

do you mean that the T2G visa has been stamped in your passport in India but it wasn't stamped at the UK border when you entered last time? When did you enter? What is the "valid from" date of your T2G visa.

[sareen.ankita]

Hi manci,

I entered on 1st feb 2015 and my VISA is valid from 14th Feb 2015.

[sareen.ankita]

Hi Manci,

I entered on 1st feb 2015 in UK but my new visa was not stamped because it is valid from 14th feb 2015.
they have told me that stamp on the T2G visa would only be done on or after 14th feb 2015.
They allowed me to enter UK based on the existing ICT tier 2 dependent visa.and so we are in a complcated situation because I want my husband and my daughter to apply in within UK and hence wanted to know if that could be done without my stamp on the T2G visa.

[manci]

Hi Manci,

I entered on 1st feb 2015 in UK but my new visa was not stamped because it is valid from 14th feb 2015.
they have told me that stamp on the T2G visa would only be done on or after 14th feb 2015.
They allowed me to enter UK based on the existing ICT tier 2 dependent visa.and so we are in a complcated situation because I want my husband and my daughter to apply in within UK and hence wanted to know if that could be done without my stamp on the T2G visa.

The situation is now clear but I'm not sure of the answer.

Since you are already in the UK, and even though you entered on your previous PBS dependent visa, it doesn't make sense to have to leave the UK and re-enter just to have your T2G visa stamped (activated) after its 14 Feb start date. However, if it is confirmed that you had to do it, it would certainly be sufficient to do a day trip to Calais, it wouldn't be necessary to travel all the way to India.

Wait for others to respond and in the meantime also call the immigration helpline 0300 123 2241 and let the forum know what they say (call them at least twice as not all advisors are equally knowledgeable)

[sareen.ankita]

Hi manci,

Thanks for your reply.
I just wanted to know that do we require any visa for the day trip to Calais, As I cannot apply for schengen Visa because my new is not yet stamped and they will not consider my new visa unless it is not stamped.


regards
Ankita sareen

[Son.gup]

Hi Mansi,

I am working in UK on Tier 2 ICT short term visa. My husband is working here as tier 2 ICT short term staff on dependent visa.
His company is ready to sponsor him to tier 2 general.
My query is as he is working here as dependent ,whether cooling off period will be applicable for him for getting his visa converted from Tier 2 ICT short term staff partner to Tier 2 general?

Thanks
Sonali

[moonlight55]

No cooling off. However, he will have to go back to his home country and apply for entry clearance from there.

[manci]

Hi manci,

Thanks for your reply.
I just wanted to know that do we require any visa for the day trip to Calais, As I cannot apply for schengen Visa because my new is not yet stamped and they will not consider my new visa unless it is not stamped.

I don't think that is the case. You have two valid and overlapping visas for the UK:
until 28 Feb a PBS dependant visa and from 14 Feb a T2G visa. IMHO that should be sufficient to get a Schengen visa.

Have you called the UKVI contact centre yet? When you call ask if the visa activation (stamping) could possibly be done in the UK?

regards
Ankita sareen

[sareen.ankita]

Hi mansi,

I had a word with UKBA helpline no. and they have provided me the following answers to my query:
1. I need to leave and re-enter back to UK to get my new visa activated.
2. My husband and my daughter can apply from within UK.
3. My visa activation stamping can not be done from within the UK.

They have suggestede me to bring all the paper to immigration officer so that he should be able to stamp my ne w Tier 2 general Visa.
So I am travelling back to India on 12th and will be returning on 14th feb 2015. Fingers crossed lets see what would happen next.

I will keep you posted on my updates.

Regards
Ankita sareen