Tier 2 PBS Dependent or Tier 2 Migrant

[hiriser]

Dear Friends,

Currently I am in UK and I have Tier 2 ICT Long Term Staff Partner (PBS Dependent) since my wife has Tier 2 ICT Long Term Staff Visa. Our Visas are valid till 30-Apr-2015. Since we work for two different employers, both are willing to process my Visa [My wife's employer is ready to extend or my employer is willing to process ICT Short Term/Long Term Visa (but I have to apply from India)].
a. Can you please suggest which option would be helpful for me. Should I ask my employer to process the new Visa or shall I go ahead with extending my dependent Visa.

b. Will there be any restrictions for me to work here in UK if my wife go for a vacation to India ? Also, if we both travelled to India for a vacation and then can I alone come back to UK before her travel ?

c. If I am applying for a new Tier 2 Visa from India, will there be any difficulties in getting the PBS dependent Visa for my wife and would the cooling off period be applicable in her case ?

Great help if you can share your inputs.

Thank you so much !!

[hiriser]

Hi Manci or anyone else,

Please respond if you get a chance to look into my question.

Thanks for the help !

[moonlight55]

Dear Friends,

Currently I am in UK and I have Tier 2 ICT Long Term Staff Partner (PBS Dependent) since my wife has Tier 2 ICT Long Term Staff Visa. Our Visas are valid till 30-Apr-2015. Since we work for two different employers, both are willing to process my Visa [My wife's employer is ready to extend or my employer is willing to process ICT Short Term/Long Term Visa (but I have to apply from India)].
a. Can you please suggest which option would be helpful for me. Should I ask my employer to process the new Visa or shall I go ahead with extending my dependent Visa.
Any option is fine. Note that on dependent visa you will have the option to switch jobs.

b. Will there be any restrictions for me to work here in UK if my wife go for a vacation to India ? Also, if we both travelled to India for a vacation and then can I alone come back to UK before her travel ?
If you are on a different ICT visa, it will not matter. If you are on her dependent visa, you can continue to work if she goes to India for few days e.g. on vacation. However, its illegal for you to stay in UK if she moves back to India since her employer has to report her relocation to home office within 10 days of her movement.

c. If I am applying for a new Tier 2 Visa from India, will there be any difficulties in getting the PBS dependent Visa for my wife and would the cooling off period be applicable in her case ?
No cooling off if you want her to be your dependent. She can apply from within UK.

Great help if you can share your inputs.

Thank you so much !!

[hiriser]

Thank you moonlight55.

In follow up with the question b.

i. Will there be any difficulties for me to comeback to UK if my wife is not traveling along with me (assume she ll join me after few days) ? Do I need to submit proof of her travel date etc ?

ii. what is the max duration that I as a dependent can stay in UK when my wife moves on a vacation[not on Visa expiry] to India?

Please confirm.

[moonlight55]

Thank you moonlight55.

In follow up with the question b.

i. Will there be any difficulties for me to comeback to UK if my wife is not traveling along with me (assume she ll join me after few days) ? Do I need to submit proof of her travel date etc ?
I personally don't see any problem. Some immigration officers may ask you about it while entering UK. If she plans to travel a few days later, there's nothing wrong in carrying a copy of her visa & ticket.

ii. what is the max duration that I as a dependent can stay in UK when my wife moves on a vacation[not on Visa expiry] to India?
I dont think there is any written rule for this since as a dependent you are usually expected to travel along with the main applicant. Seniors may confirm if there is any such rule.

Please confirm.

[ash_g_16]

Hi moonlight55, Experts

I am on T2 ICT since 2014 in UK and my wife who is my Tier 2 dependent now has an employer in UK who is ready to sponsor her T2 General visa. I understand she has to go back to India and apply (no cooling period though) and once she gets her T2 General visa, I can change my visa to become her T2 dependent without leaving UK.

My questions are, if I become her Tier 2 dependent,

1. Can I re-apply for Tier 2 General or Tier 2 ICT in sometime again ?
2. If yes, after how long can I re-apply from the time I moved out of Tier 2 ICT ?
3. Can I re-apply to T2 ICT/General within UK and will any cooling period apply ?

Thanks for your assistance.

Regards
Ash

[moonlight55]

You can apply back for a new Tier 2 again after 12 months. You will be subject to 12 months of cool-off from the period your last held your previous Tier 2. You need to go back and apply from your home country.

[ash_g_16]

You can apply back for a new Tier 2 again after 12 months. You will be subject to 12 months of cool-off from the period your last held your previous Tier 2. You need to go back and apply from your home country.

Thank you moonlight55 !
So as I understand, I can re-apply after 12 months from the time I switched out of Tier 2 ICT but that doesn't mean that I will have to step out of UK for those 12 months. I can spend those 12 months in UK on dependent visa and then go back to my home country (say for a month) and re-apply for Tier 2 General. Is my understanding correct ?

[moonlight55]

Correct. For Tier 2 Gen, you will need to find a genuine sponsor who has to conduct RLMT and follow other steps as required. It should be fine.

[ash_g_16]

Correct. For Tier 2 Gen, you will need to find a genuine sponsor who has to conduct RLMT and follow other steps as required. It should be fine.

Thank you very much !