Tier-2 ICT dependant - Switching to Tier-2 General

[mbapai]

Hello all,

My husband and I moved to London in Nov 2014. My husband was granted Tier-2 ICT(short term) which is now going to switched to ICT long term when we visit our home country(India) in Sep 2015.
I started working in Feb 2015 as a Tier-2 ICT dependant. Now my company has a Tier-2 sponsorship license and is willing to get me a CoS. I would like to have my visa switched to the Tier-2 general category instead of being a dependant.
Since I am already employed with the company for 5 months now, is it possible to apply for a Cos? How can my company give details of the resident market test to UKBA? Are there any hassles with this switch?


Has anybody else here been in a similar situation?

Please let me know,
Kind regards,
mbapai

[moonlight55]

Unless your job is in the shortage occupation list, they will have to conduct the RLMT. Once successful, apply for a restricted CoS. Once approved, assign the CoS to you. You cannot apply for Tier 2 visa from within UK. You need to go back to your home country and apply for entry clearance.

[mbapai]

Thanks for the reply, MoonLight. My concern is that since I have been employed for the last 5 months, how can the employer prove that they have been looking actively before they recruited me. ...However my employer has been trying to find more candidates and has been unable to do so since the time I have been hired, which is around 5 months now, and still not found anyone.

Also I work as a Senior java developer, and I read that the Migration Advisory council has issues a revised shortage occupations list. Any idea on when that will be published for consideration?

[moonlight55]

The only way to prove it is to conduct RLMT and document the proofs as required. All the details are mentioned in sponsor guidance. Your company should be aware of the procedure.

No idea on the SO list. To be honest, do not expect the list to grow. I would expect it to be trimmed further.

[mbapai]

Thank you moonlight.

[mbapai]

So my company has posted the advert in job centre plus and indeed.com. However am seeing the salary stated there is 55000 to 60000 GBP.
However my salary is 45000 GBP. Will that in any way cause a problem while they issue the COs.? Or is it a problem only if the salary given to me is higher than that in the advertisement?

can somebody please let me know?

[moonlight55]

The T2 guidance does not specifically mention anything about this scenario since its not a normal trend for sponsors to reduce the offered salary. However, there is this line in the guidance which says - "You can only sponsor a migrant if the salary you state on their CoS is within that range.". It will depend how the case worker looks at it.

[sourabh raj]

Hi mbapai,

Thanks for posting this question and through this I got a reply to one of my queries - (posted in separate feeds) that whether ICT Tier 2 Short Term staff partner can work in UK or not (if he/she is not Doctor or Sports person). Since you are working here for past 5 months I think it is sufficient evidence.

On the same lines i have following questions:

1. Whether the dependent can work after ICT Tier 2 Short term is converted to ICT Tier 2 Long term - i think it is obvious but still would be happy to have an answer

2. Recent Visa changes (which i am not sure) says that ICT Tier 2 Short term staff migrant would be granted a 1 month visa and once you reach UK you need to get a BRP (Biometric resident Permit) which serve as your visa later. I think this is implemented after April, 2015 (Need to verify. My visa is Feb-2015 to Feb-2016). Is there any change for switching ICT Tier 2 Short term to ICT Tier 2 Long term - I have heard rumors that now it requires a cooling period of 3 months.

Also, can you please contact me on: xxxxxxxxxxxxxxxxxxxx as i can take suggestion from you regarding jobs/work in my case.

Thank you

PS: thanks moonlight55 for your responses.

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[moonlight55]

1. Yes, they can work.

2. There is no cool-off to switch from ST ICT to LT ICT. However, you need to go back and apply from your home country. The switch cannot happen in UK.

[sourabh raj]

Hi moonlight55, thanks for the quick response.
I heard the rumors for the new BRP enabled visas. Anyways i consider your suggestions, thanks again.

mbapai:
Please contact me on xxxxxxxxxxxxxx
I might need your suggestions. thanks.

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