Tier 2 ICT Long Term to dependent and then back again to Tier 2 ICT Long Term

[AndyTrivs]

Hi All ,
I need your urgent help with your experience please. Here is the timeline :

Me and my wife joined our current employer at offshore (India) back in 2012
She came to UK on Tier 2 ICT long term staff migrant in March 2015
I came to UK on Tier 2 ICT long term staff migrant in August 2015
After marriage, she switched her visa type to my dependent in Feb 2019 and continued working for the same employer

Now, cut to - March 2020- my employer wishes to re-apply her Tier 2 ICT Long Term Visa.
I have hired a local attorney who said it is not possible to apply again for a Tier 2 ICT as the pre-requisite is for her to be working for the employer at offshore for at least 12 months - which she doesn't fulfil as she has been working here in the UK.

Now my deputation department, which processes almost close to 300 applications per year, gave me a contradicting view. They mentioned that she can re-apply her Tier 2 ICT visa as she has served her cooling off period by not holding any Tier 2 leave in last 12 months.

I dont want to apply for a visa to only get rejected which might become an issues later when applying for visa someplace else. Any help would be a huge help - let me know your thoughts on this please.

[poper]

Scoring Points for Sponsorship
Long Term Staff
26. You will be awarded 30 points if you have been working for your sponsoring organisation for
at least 12 months outside the UK. You do not need to meet this requirement if your salary
in the UK will be £73,900 or more per year.

The above is from the Tier 2 guidance

https://www.gov.uk/government/publicati ... r-2-worker

[AndyTrivs]

Thanks for the response Poper! Its very much appreciated - I am really running out of options so any reply is a big help.

Does her past work experience (between 2011-2015) not count towards this requirement of 12 month work ex?
Also, I was of the opinion that the only requirement you have to fulfil is to not have Tier 2 ICT visa in last 12 months.

Would very much appreciate your response.

[poper]

Thanks for the response Poper! Its very much appreciated - I am really running out of options so any reply is a big help.

Does her past work experience (between 2011-2015) not count towards this requirement of 12 month work ex?

The below should apply to your case

27.The 12 months’ company experience will normally be the 12 months immediately before the date of your application.However,it can be any 12 month period, providing you have worked continuously and lawfully for your sponsoring organisation ever sincethe start of the period. Forexample, if you have worked forthe company overseas for12months, before working for the company in the UK as a Tier 2 dependant,you can use the 12 months’experience overseas. Alternatively, if you have worked for the company overseas for 6 months, followed by a period working for the company in the UK, then you returnedand workedforthe company overseas fora further 6 months, we will allow you toadd the two 6 month periods together

Also, I was of the opinion that the only requirement you have to fulfil is to not have Tier 2 ICT visa in last 12 months.
No, unless salary in the UK is £73,900 or higher, a 12 month work experience with the ICT sponsor is required

Would very much appreciate your response.

The other option is for her employer to sponsor Tier 2 General visa. If her SOC code was in a shortage occupation, then visa processing should be straightforward

Refer below
https://www.gov.uk/guidance/immigration ... ation-list

[AndyTrivs]

Thank you very much for this. That takes load ooff my mind - it is fair to say then that her Tier 2 ICT can be re-applied as she has been full time employed from 2012 to 2015 (36 months).

Let me know if I made sense above.

PS - can’t stress enough how big a help your response was. If you read through the rest of the blogs no such clarity is provided anywhere

[poper]

Thank you very much for this. That takes load ooff my mind - it is fair to say then that her Tier 2 ICT can be re-applied as she has been full time employed from 2012 to 2015 (36 months).
Yes, that's what I read from the guidance assuming she's with the same employer from 2012. You may highlight the Tier 2 guidance notes with her employer.

Let me know if I made sense above.

PS - can’t stress enough how big a help your response was. If you read through the rest of the blogs no such clarity is provided anywhere

[win320]

Hi @AndyTrivs

Please update us if the application was successful?

Thanks