Tier 2 ICT(ST expired recently) -Apply Tier 2 Gen Dependent

[Porus]

Hi Manci,
Sorry if this question is being repetitive . My Tier 2 General Dependent visa is being investigated for 3 months and VFS staff is saying he thinks that there is a cooling off period between Tier 2 ICT ST and Tier 2 General DEPENDENT and on that grounds it is being investigated for 3 months and will be rejected soon.

There is a previous post which has your response as below.
" My husband's ICT Tier 2 Short term staff visa is getting expired on 22nd aug so will also have to back with him as i am on his dependent visa and hence will be applying for my restricted Cos in September cycle after the RMLT.
My question is can my husband apply for his dependent visa along with my Tier 2 General visa from India, or is it that he cant apply because he would be subject to cooling off period of 1 year because of his visa category?
manci » Sat Aug 02, 2014 6:59 am
aja wrote:
2. Your husband can apply to be your dependent at the same time as you apply.
Since your husband will be applying as dependent and not as primary, cooling period doesn't apply.
this is correct -- manci
Respected Guru"

As others in this forum has responded to me in the last couple of posts that Cooling off period does apply in my case , I kindly request your expert response please.

[vinny]

Manci and aji are both correct.

There is no cooling-off period requirement in 319C.

[Porus]

Any expert please help on this query pls. Tier 2 General Dependent applications were submitted(biometric) out of country when T2 General visa holder just received the visa and not yet travelled to UK (Entry Clearance). My tier 2 dependent visa application is pending investigation for 4 months and two times in 4 months ,British High commission called me to enquire when the main migrant entered UK . I have seen a post where there is a rule for incountry switch cannot be done until Main migrant enters UK after T2G visa and hence this query on whether this is applicable for out of country application as well?. Please share your expert views.

[manci]

your post is unclear. Are you the dependant and is the T2 migrant in the UK?

[Porus]

Thanks Manci for your willingness to help my query. My situation as below. Main migrant applied T2General out of country from delhi. As soon as main migrant got T2G visa ,the same day I applied (biometric) T2G depedent visa from delhi and the next day main migrant travelled to UK and got entry clearance and joined work. Actually VFS staff in delhi suggested this approach like not apply at the same time (main and dependent) and accepted the dependent application when main migrant with T2G visa has not stepped into UK for entry clearance. 4 months passed and 2 calls of basic queries from british commission in course of 4 months and waiting for my t2g dependent decision. Can you please highlight if there is a rule which prohibits applying T2General dependent (out of country) when main migrant has not got entry clearance in UK please?. If so can you share your views on why they take 4 months to reject on this rule and help me apply again immediately pls.

[manci]

Are you still waiting for your PBS dependant visa or has your application been refused?

You, as dependant, and the main applicant applied for your visas the same day and that is not a problem. If you are still waiting for the dependant visa, and the main applicant is already in the UK, UKVI are probably making further enquiries about your application, however, 4 months seems an excessive time. Keep asking for a decision.

If your application has been refused please post the reasons given.

[Porus]

@manci,
"You, as dependant, and the main applicant applied for your visas the same day and that is not a problem" . I think there is a misunderstanding here. 1st september - Main migrant got T2G visa (restricted cos) stamped passport in delhi . I applied (biometric) T2G dependent visa using main migrant's passport copy on 1st september in delhi (out of country application). Main migrant travelled to UK on 2nd Sep and got entry clearance in UK and staying there till now. So is there a rule prohibiting T2G dependent application (1st sept) when main migrant has not got entry clearance in UK (until 2nd september) is my original question pls.

[manci]

@Porus
Entry clearance and leave to enter are not the same. The former is granted by an ECO overseas, the latter by a BCO at the port of entry. Both the main migrant and the dependant applied for entry clearance on 1 Sept which is in order. The main migrant's application was granted the same day and s/he travelled to the UK the following day. The dependant's application has not yet been granted and is in abeyance.

If this is the situation my previous comment applies re. the delay.

[Porus]

Hi , I have been waiting for my Tier 2 General dependent visa along with my child for more than 5 months. My company is willing to send me in Tier 2 ICT LT term visa provided I switch to Tier 2 general dependent in country (UK) in 6 months time . The idea is company can bear the extra salary requirement for Tier 2 ICT Long Term for few months where in I can progress the important client engagement in Uk as early as possible (Tier 2 ICT LT lead time is 3 weeks only) . I am assuming the "In country switch" from Tier 2 ICT LT to Tier 2 General Dependent will be faster as it will be processed by UK team and not the lazy delhi visa team.
I would kindly request the experts to comment on my below query pls. q1) Will the previous withdrawal cause the UK visa team to route the visa processing straight to delhi again citing some unfulfilled investigation and delhi team again start another lackadaisical visa processing. q2) As I have spent 200 pds on VFS phone enquiry and engaged Visa team via Local MP(UK) all leading to futility ,can any expert comment on my aforementioned withdraw-apply different visa-in country switch approach is a good one considering the lack of any option at my side pls?

Kindly suggest any view point from your experience pls..

[NileshN]

Hi Porus,

I have withdrew appln today... I m tired waiting and makes no sense. With the passport stuck with them I cannot even travel or take up any other opportunity which is coming my way.

I will wait for the queries that you asked as even I want to know whether previous withdrawan appln will cause any prob in future visa appln.

Thanks,
Nilesh

[Porus]

Hi ,Experts like Manci,Vinny please share your view on the below thread please. VFS staff asked me to get services of Immigration solicitor to understand the 5 months delay for tier 2 g dependent visa and also if the below approach is the best option i have "withdraw Tier2gdependent visa+apply tier 2 ict+switch incountry tier 2 g dependent" .. Since the approach is expensive one with double visa costs for 2 people along with service cost of immigration solicitor , I would request an expert opinion from this forum on this query pls.

thanks

[Porus]

I would request some experts to suggest good immigration lawyer who can analyse my 5+ months delay in tier2 general dependent visa and guide me for next steps for a reasonal fee..Request some help pls..

[Porus]

Hi Experts,
Its nearing 7 months after I applied Tier 2 Gen dependent visas in Delhi and still now there is no progress . My daughter 3 years old is missing her mom every day and main migrant also suffers so much without the family. I have hired an immigration lawyer paying 450 pounds and after initial query to ECO on where the applications are stuck , the ECO has responded that the regular procedural checks are being done and thats the delay.. Is there any law in India or UK where I can use against the ECO to put pressure to speed up the decision making process. Is there a legal way I can ask ECO to atleast decide on my child 's dependent visa quickly?. Please remember that the same embassy approved my Tier 2 ICT an year before my current application which gives a clue that my immigration history was not a suspect then . Any experts please share your views as I feel a great injustice is done by ECO against me by delaying the decision.

[manci]

This long delay certainly requires an explanation. Even if they decided to make further enquiries about your application there should have been a decision by now.

Suggest you make a complaint and explain all the circumstances incl. the hardship caused by the separation of the family members. The complaint can be made by email:
https://www.gov.uk/government/organisat ... -procedure

[Porus]

Hi Manci,
I have yet to receive any update from British High commission (Delhi) and its over 7 months and 15 days. My spouse (main migrant ) who got Tier 2 General visa has not got BRP yet and there was no instruction from HO even after 7 months of stay in UK.
Is there a process my spouse missed on BRP which is causing this inordinate delay in my dependent visa applications ?.Please comment.
thanks

[manci]

A BRP is only issued if the application was from inside the UK. If the visa was obtained through entry clearance (outside the UK) then a BRP will only be issued at the time when the visa is extended.