Query ICT Tier2 long term staff partner & Tier2 general

ishukapoor · Post by **ishukapoor** » Sun Dec 01, 2013 7:10 pm

Hi,

Can anyone please help me with below mentioned queries on urgent basis

I'm currently in UK on ICT Tier 2 long term staff visa valid till Feb'16 and my wife is here on ICT Tier 2 long term staff partner visa (valid till Feb'16).

My wife has got job here and she is working. I have to go back to India in Jan'14 as my current project is getting over.

1. Can my wife continue to work here on here current visa if I go back to India. I'm not sure if dependents are allowed to continue in their jobs if primary applicant is no longer working in UK

2. Is my wife eligible to switch from her current visa (mentioned above ) to Tier 2 general if her company agrees to sponsor it. If so, does she have to apply from India or she can apply from UK itself and will there be any cooling off period for her??

3. In case she can apply Tier2 general visa (irrespective of inside/outside UK), can I then apply for Tier 2 general dependent visa or will there be any cooling off period for me.

Appreciate quick response on this as I need to make decision in coming few days only.

Many Thanks

ishukapoor · Post by **ishukapoor** » Mon Dec 02, 2013 11:57 am

Can anyone help me with above mentioned queries. I have been getting contradicting replies from different sources.

I have read through UKBA norms but it has confused me more than before.

Really appreciate a quick response on this.

Many Thanks

aja · Post by **aja** » Mon Dec 02, 2013 12:42 pm

Im in a very similar situation too.

can some mods / experts throw some light on this matter please.

ishukapoor · Post by **ishukapoor** » Tue Dec 03, 2013 7:47 am

Is there anyone who can clarify the above situation pls...its quite urgent..

Mods / experts please help....!!!!

Andy12 · Post by **Andy12** » Tue Dec 03, 2013 4:09 pm

ishukapoor wrote:Hi,

Can anyone please help me with below mentioned queries on urgent basis

I'm currently in UK on ICT Tier 2 long term staff visa valid till Feb'16 and my wife is here on ICT Tier 2 long term staff partner visa (valid till Feb'16).

My wife has got job here and she is working. I have to go back to India in Jan'14 as my current project is getting over.

1. Can my wife continue to work here on here current visa if I go back to India. I'm not sure if dependents are allowed to continue in their jobs if primary applicant is no longer working in UK NO, as her leave will be curtailed to 60 days after you leave the UK

2. Is my wife eligible to switch from her current visa (mentioned above ) to Tier 2 general if her company agrees to sponsor it. If so, does she have to apply from India or she can apply from UK itself and will there be any cooling off period for her?? Your wife needs a Tier 2 General (Restricted CoS) visa, which means she needs to apply from her home country. The employer needs to do a RLMT, job needs to be on NVQ level 6 or above.

3. In case she can apply Tier2 general visa (irrespective of inside/outside UK), can I then apply for Tier 2 general dependent visa or will there be any cooling off period for me. Not 100% sure, but I believe there will NOT be any. Someone else may be able to clarify on this.

Appreciate quick response on this as I need to make decision in coming few days only.

Many Thanks

Post by **manci** » Tue Dec 03, 2013 5:02 pm

2 and 3
no cooling-off for either of you

ishukapoor · Post by **ishukapoor** » Tue Dec 03, 2013 6:00 pm

Thanks Andy and Manci for your response. This helps a lot.

So on point 1, does it mean my wife can continue to work for 60 days after I leave UK.

The reason I'm asking is because I may come back for another project after 2 months approx and want to ensure if my wife can continue in her job till the time I'm away(max 60 days).

Please correct me if I'm wrong.

Appreciate your help on this.

Regards

Post by **manci** » Tue Dec 03, 2013 8:03 pm

will you continue to be employed by your UK sponsor after you have returned to India?

Andy12 · Post by **Andy12** » Tue Dec 03, 2013 8:07 pm

ishukapoor wrote:Thanks Andy and Manci for your response. This helps a lot.

So on point 1, does it mean my wife can continue to work for 60 days after I leave UK.

The reason I'm asking is because I may come back for another project after 2 months approx and want to ensure if my wife can continue in her job till the time I'm away(max 60 days).

Please correct me if I'm wrong.

Appreciate your help on this.

Regards

Technically, yes, HO will send your wife a letter saying her leave is curtailed. But, I would not take this chance. The reason being you are not clear/absolute sure whether you will be coming back to UK with the same ICT visa or a different one. Also you are not sure if your sponsor will send UKBA the notification about you leaving the country. Normally, 30 days of away time is fine. Anything more than that can cause a problem and I personally would advise against the plan you're willing to opt.

ishukapoor · Post by **ishukapoor** » Tue Dec 03, 2013 8:31 pm

Yes, I will be employed by same employer and if I come back..I will be travelling back on same ICT tier2 long term staff visa which I currently hold..

So there will be no change in visa category / sponsor etc..

Post by **manci** » Wed Dec 04, 2013 8:40 am

IMHO if you continue to be employed by your UK sponsor but are sent on a temporary assignment abroad your wife can continue to live and work in the UK and her visa will not be curtailed.

Your wife's visa has been granted on the basis that you have valid leave to enter and remain as a T2 migrant and that is unchanged (Immigaration Rule 319C(b)(i) )

read also this post:
http://www.immigrationboards.com/viewtopic.php?t=70315

ishukapoor · Post by **ishukapoor** » Thu Dec 05, 2013 1:55 pm

Thanks Andy and Manci for your inputs...this helped lot to me

Based on all information, since I will continue to be employed by my current sponsor and will be coming back on same visa which I currently hold, my wife can continue in her job though it will not be more than 60 days. If I get another assignment in UK within 60 days its fine else she'll travel back..

Ishika · Post by **Ishika** » Thu Jan 09, 2014 1:41 pm

Hi guys,

Thanks to everyone in this thread. I have got the same case.

1. I am ICT long term staff partner (dependent visa) - got visa in May 2011 and is valid until 2016 (after extension this year)
2. Currently employed by A rated multinational company.
3. My current employer is happy to sponser me and offers me nearly 40k pa.
4. I have got Master's degree approved by UKBA website to qualify points in English.
5. I satisfy fund requirment. I am getting salary every month from current uk employer.
6. I am aware that my employer would need to go thru RTLM and I would need to apply from home country.

The worry is when I took this case to one of the solicitor and explained her the whole case, she was very adamant that as i entered country as ICT long term staff partner and the limit of stay is 5 years hence under any circumstances i would need to leave the country. I even tried explaining her that I am on dependent visa and happy to apply from my home country. She denied point blank that i can switch to any category. By the end of the conversation she almost started screeming on me. I somehow don't belive her as I had done the assement on UKBA website, but feel intimidated and can't manage to gather enough courage to speak to my HR about the move.

Has anyone moved their visa category from ICT tier 2 long term staff partner to Tier 2 general successfully?

Many thanks,
Ishika

monamath · Post by **monamath** » Mon Aug 04, 2014 2:57 pm

Hi Ishu,

Hope you are doing great. I wanted to take your help on locating employers that recruit individuals on Tier 2- ICT Long term dependant visa.

As I hold Tier 2 - ICT long term dependant visa, I have been contacted by many consultants for contract and permanent positions but the response I get when they know I hold Tier 2 visa is " Sorry, we don't work with Tier 2" . Can you help in showing the right path.

THanks

Immigrationboards.com: Immigration, work visa and work permit discussion board

Query ICT Tier2 long term staff partner & Tier2 general

Query ICT Tier2 long term staff partner & Tier2 general

very similar situation

Re: Query ICT Tier2 long term staff partner & Tier2 gene

Re: Query ICT Tier2 long term staff partner & Tier2 general

Re: Query ICT Tier2 long term staff partner & Tier2 general