Moving to Tier 2 General during active Tier 2 ICT Extn application

Currently, I’m on a Tier 2 - ICT dependent visa and it expired in August, 2020.

My husband’s company has applied for an extension (for a year), but haven’t got a biometric appointment yet. Earliest available is for the 28th of September.
Received a notification from home office about the availability of the App by the 17th of September to upload the photos for biometrics.

Meanwhile, my company has applied for my RCOS and is expected to get it by the mid of September (COS start date is October 1, 2020).

Here are some of my questions as to how we can proceed further:
1. As I’m currently waiting on my RCOS, is it advisable to progress with the ICT extension process (like use the app or schedule our biometric appointment for the visa extension now)?
Or should we wait and progress once I receive my RCOS?
2. If I get my RCOS assigned next week, can my family go ahead with the biometric process without processing mine?
3. Can I apply for my Tier 2 general visa as soon as I get my RCOS?
4. Can I apply from the UK or have to apply from my home country?
5. A clause in the gov.uk site says that the application can be made from the UK if it’s urgent (like starting a new job). Is there a definition for ‘urgent’?
I am not starting a new job now, this is a continuous employment. So will I fit in this category to apply from within the UK?
6. A clause in the gov.uk site says that the application can be made from the UK if my visa expires before the 31st of August.
Even though we have applied for an extension, we haven’t given the biometrics (as there was no appointment available) yet.
Will I be considered in the category of ‘visa expired before 31st Aug’ as the decision hasn’t been made yet on our visa extension application?

In 2015, you posted that you or your spouse was a British citizen applying for ILR on SET(O) for the spouse on PBS dependent visa

https://www.immigrationboards.com/indef ... l#p1176908

So who is your current question for??

Hi,

This is a question for one of my employee whom i am moving to Tier 2 General due the reason her husband Tier 2 ICT sponsoring company has asked them to go back in October. She will get her COS by mid of September but her husbands Tier 2 ICT extension application is in progress at the same time. Not sure if it is advisable for her to apply Tier2 General while her name is on the infight Tier 2 ICT application.

Useful to state if you are asking on behalf of someone else as the majority of members will search your previous posts to understand your circumstances.

1. As I’m currently waiting on my RCOS, is it advisable to progress with the ICT extension process (like use the app or schedule our biometric appointment for the visa extension now)?
Or should we wait and progress once I receive my RCOS?

The applicants choice. The two applications are completely independent and separate to each other. Withdrawing before biometrics, results in a refund of fees though. After biometrics, fee is lost. Note that an RCoS does not provide legal status in the UK if the application is for the extension is withdrawn.

2. If I get my RCOS assigned next week, can my family go ahead with the biometric process without processing mine?

Yes.

3. Can I apply for my Tier 2 general visa as soon as I get my RCOS?

Yes.

4. Can I apply from the UK or have to apply from my home country?

Home country.

5. A clause in the gov.uk site says that the application can be made from the UK if it’s urgent (like starting a new job). Is there a definition for ‘urgent’?
I am not starting a new job now, this is a continuous employment. So will I fit in this category to apply from within the UK?

It is vague agree. What would your 'urgent' reasons be? The concession to apply within the UK was only till the end of August if your visa expired before 31/8, you haven't done this as you submitted another application you qualified for and is pending.

6. A clause in the gov.uk site says that the application can be made from the UK if my visa expires before the 31st of August.
Even though we have applied for an extension, we haven’t given the biometrics (as there was no appointment available) yet.
Will I be considered in the category of ‘visa expired before 31st Aug’ as the decision hasn’t been made yet on our visa extension application?

Note an extension application has already been submitted, the date of application is the date you submit and pay online and not the biometric appointment date, so the visa conditions continue under Section 3C of the immigration rules. It would have been more proactive to apply for Tier 2 before the 31st August as the concession was for applicants applying in the UK who would normally have to apply abroad.

Thanks you so much

Re apply from home country, I received an email from Coronavirus immigration and they have below wording

"If your leave expires after 1 September 2020
You can submit an application form from within the UK where you would usually need to apply for a visa from your home country.
You’ll need to show your application is urgent, for example if you need to start a new job or course of study.

You’ll need to pay the fees and meet all requirements of your visa as normal, except the need to submit the application in your home country.

This is being kept under review"

Based on this, do i have a right to apply from UK?

The point I was making is that the person did NOT apply for a Tier 2 General before the end of August, which is when the concession would have applied. They had already submitted another application for an extension which is an in country application as a dependent which is pending.