FLR(M) - Divorce to Tier 2 ICT possibility ?

Hi,

I am currently on FLR (M) Visa and going through a divorce.
Would it be possible for me to switch to Tier 2 ICT Visa?

History:

Nationality: Indian

December 2012 to October 2017: Tier 2 ICT Visa

1-November-2017 to 16-May-2018: returned to India and was applying Fiance Visa for UK

17-May-2018 to 11-July-2018: on Fiance Visa in the UK

12-July-2018 to Till Date (today 22-Jan-2019): FLR (M) Visa

I am an Indian employee of Software MNC company and they considered my FLR(M) Visa and deputed me to the UK Branch office (21-Sep-2018 to Till Date).
I am still an Indian employee on deputation.


I am going through a divorce and will be informing UKVI about the current situation.

Questions:
1. is it legally possible for me to Switch to Tier 2 ICT?
2. Will there be any cooling off period of 12 months since I returned to India after October 2017. But returned back to the UK on Fiance Visa within 7 months.
3. If it is legally possible, can I apply for Tier 2 ICT from UK?

Thank you very much for your help.
Regards,
W

You cannot apply to change to Tier 2 ICT within the UK.

You have to apply from your home country and meet all the standard requirements.

Hi @CR001

Thanks for your reply.

One more question, UK Gov website have 2 options for Tier 2 ICT Visa

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

Option 1 : Apply (outside the UK)

Option 2: Extend or switch in the UK

If it says Switch to Tier2 ICT visa; what visa categories are allowed to Switch on to this visa?

Thanks again.

Regards,

The link (switch) clearly states what visa category is permitted to switch. FLR(M) is not the one.

Switch to this visa
You can apply to change (‘switch’) from a Representative of an Overseas Business visa to a Long-term Staff Tier 2 (Intra-company Transfer) visa.

Thanks for the guidance @CR001

I have raised a request with my employer for CoS for Tier-2 ICT.

I have submitted documentation. I will go to India once the CoS is generated and get the visa stamped in India.


Will the cooling-off apply in my case?

History:
Tier 2 ICT: Dec 2012 to Oct 2017
I went to India in Oct 2017.

Applied Fiance Visa and came to the UK in May 2018.
I got married in the UK and got FLR (M) in July 2018.

Employed by the same employer on FLR (M) as a deputation to the UK in Sep 2018.

Divorce is in progress and decree absolute will be granted in March 2020, currently on FLR(M).

See similar post

uk-tier-2-employer-sponsored-visas/tier ... 98688.html

Thanks @Poper.

Does it mean that I can apply for the Tier-2 ICT visa next month once I return to India?

Really appreciate your help.

Yes, provided you have been working for the same employer who sponsored your Tier 2 ICT Visa earlier.

I am no solicitor but that's how I read the Tier 2 guidance as a layman.

Thanks a lot...