Need Info on Tier 2 ICT staff visa rejection

[gg16]

Hi,

My wife has joined me in UK on dependent visa but now her employer wants to apply for Tier 2 ICT visa for her, for that case i have few questions, if anyone can help.

1. Will she be able to switch from Tier 2 dependent to Tier 2 ICT visa?
2. Since i am on a long term visa but her assignment would be for 6-7 months only. Provided she got Tier 2 ICT visa, In that case if at later point we again have to apply for dependent visa, will it be possible?
3. In any of the above case does she need to apply from home country or can she apply from within Uk itself?
4. Also if she get a different sponsor, can she switch from Dependent to General visa?

I am very much confused regarding this visa switching, Any help is appreciated

Thanks in advance.

[CR001]

Why not simply remain on her dependent visa if a project is only for 6 to 7 months?

Also, to switch to ICT from working in the UK, there very specific rules that apply in order to exempt an applicant from the 12 months working for the sponsor abroad.

So, what salary is she being offered for this 'project'??

It would make more sense to find a sponsor for Tier 2 General. She would have to apply from home country with a restricted cost and meet all the relevant requirements including RLMT.

[gg16]

If she continue on dependent Visa for over an year then she might not be able to go back and join her job again. in that case a new job search would be required in home country.
She would be getting around 42K for this project.
Also I am on ICT long term visa, so i also have to return after a maximum of 5 years.

Please advise what should be the best way forward? Should she continue on Dependent and switch to T2 general? or should she get Tier2 ICT and then later on coma back again on T2 ICT dependent?

[CR001]

Why not simply remain on her dependent visa if a project is only for 6 to 7 months?

Also, to switch to ICT from working in the UK, there very specific rules that apply in order to exempt an applicant from the 12 months working for the sponsor abroad.

So, what salary is she being offered for this 'project'??

It would make more sense to find a sponsor for Tier 2 General. She would have to apply from home country with a restricted cost and meet all the relevant requirements including RLMT.

[gg16]

Hi,

My wife is switching visa from tier 2 ict dependent to tier 2 ict staff migrant. Her dependent visa is for long term and valid till 2020.

Now while switching if the staff migrant visa gets rejected then does the dependent visa remain valid?
Also can she switch from dependent to staff migrant from within UK?

Thanks

[CR001]

Topics merged!!!

You seem to be ignoring the fact that there is only a very specific set of circumstances that would allow her to apply for ICT without the mandatory 12 months working for sponsor IN home country!!

[gg16]

I understand that but can you give some idea about those circumstances??
Also my query is what will happen in case if the ict staff migrant visa gets rejected? Will she be able to come to UK on existing dependent visa or not?

[CR001]

If she does not meet the strict requirements for Tier 2 ICT visa being a UK resident and employee, it will be refused and you will lose your money. Her salary of £42k does NOT exempt her from the mandatory 12 months working for the sponsor in her home country.

https://www.gov.uk/tier-2-intracompany- ... orker-visa

Long-term Staff
Apply for this visa if you’re transferring into a role that requires you to have had previous experience working for the company.

You’ll need to have worked for your company for more than 12 months, unless they’re going to pay you £73,900 or more a year to work in the UK.

Proof you’ve worked for your employer outside the UK
After you apply you might be asked to prove you’ve worked for your employer for a certain amount of time.

The length of time depends on what visa you’re applying for:

Long-term Staff earning £73,900 or less - 12 months
Long-term Staff earning more than £73,900 - no minimum time

No effect on her dependent visa.