Tier 2 ICT to Tier 4 Dependant

[rv77]

Hello -

I'm currrently on a Tier 2 ICT Long Term Staff visa from Aug 2013 valid upto July 2018. My spouse who is currently on the Tier 2 ICT Dependant visa is applying for a Tier 4 Student visa in order to pursue a 12 month PG course in the UK. Please can I request help in answering the below -

1. What would be the visa validity duration for my spouse. Is it 12 month course + 4 months ? Can this be done in-country?
2. Would I be able to move to Tier 4 dependant? Can this be done in-country?
3. If my spouse can't move to Tier 4 in-country but i could, can we apply at the same time from two different locations?
4. As soon as I'm on Tier 4 dependant, can i apply for Tier 2 General?

Thanks,
RV

[CR001]

4. As soon as I'm on Tier 4 dependant, can i apply for Tier 2 General?

You are and will be subject to the 12 month cooling off period, you will have to spend 12 months as a Tier 4 dependent before you can apply from your home country for Tier 2 General.

[rv77]

Thank you for your response.

1. Was this in place since the cooling-off rule was introduced or has this been added recently?
2. From the gov.uk Tier 2 policy guidance document, I understand that I can 'switch' into Tier 2 General from Tier 4 dependant. Since it is switching, why is there a need to apply from home county at the end of 12 months?
3. Would the same rules apply if I moved to Tier 2 dependant instead of Tier 4 dependant?

Thanks again.

[CR001]

1. Was this in place since the cooling-off rule was introduced or has this been added recently?

Yes, it has been in place for years for ICT post April 2010/11 wanting to apply for Tier 2 General. By switching to Tier 4 Dependent, it does not exempt you from the 12 month cooling off requirement and applying from home country. The requirement is that you cannot apply for Tier 2 General from Tier 2 ICT unless you spend 12 months in a dependent visa category or wait in home country for the 12 months.

2. From the gov.uk Tier 2 policy guidance document, I understand that I can 'switch' into Tier 2 General from Tier 4 dependant. Since it is switching, why is there a need to apply from home county at the end of 12 months?

Apologies, yes it does say that.

3. Would the same rules apply if I moved to Tier 2 dependant instead of Tier 4 dependant?

Which 'same rules'?? 12 months cooling off??? Yes, the same will apply and you then have to apply from your home country.

[rv77]

Many thanks.

Sorry, still confused on the 'applying from home country'. Can I 'switch' in-country assuming we have 4 months left of the Tier 4 at the end of 12 months?

[CR001]

You need to be on tier 4 dependent for a full 12 months before you can switch to Tier 2 General and you must apply to switch before the tier 4 dependent expires.

[kavisekhar]

Hi

When switching from Tier 2 ICT main applicant to Tier 4 dependent,can the person apply in UK itself without applying from the home country.

Regards

[CR001]

Hi

When switching from Tier 2 ICT main applicant to Tier 4 dependent,can the person apply in UK itself without applying from the home country.

Regards

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