Tier-2 (ICT) Dependent to Tier 2(General) with same employer

Hi Manci /all other experienced members.

I am currently a Tier 2 (ICT) dependent of a main applicant Tier 2 (ICT) who arrived in UK before 6 Apr 2011. I am currently working with a company for last few years and they are now ready to sponsor my Tier 2 (General) visa.

Can you please validate some of my understanding and answer the queries regarding being with the same employer.

1. I will have to apply for Tier 2 (General) from my home country. Correct?
2. There will be no cooling period as I have been in UK as a PBS dependent so far. Correct?
3. My employer will have to do RLMT and I will get restricted COS. Correct?

My key questions are:

1. Is such Tier 2 (General) change with the same employer possible? I know that Tier 2 (ICT) to Tier 2 (General) can only happen when you change sponsors (right?) – but in my case my current employer is not my visa sponsor as I am dependent on my spouse visa – so such may be allowed?

2. How will my employer do RLMT – as they intend to hire me only on Tier 2 General visa and I am already employed with them. Also note that our company recently tried to hire a resource with similar skillsets as mine – and they couldn’t find anyone – so I know RLMT as such will probably pass when they will do it.

3. Shall I need to resign and re-join as new employee on Tier 2 (Gen) after RLMT? What’s the best approach to change to Tier 2 (General) in my case.

Big thanks in advance to Manci/anyone else who can advise me in this matter.

1. Yes.
2. Yes.
3. Yes.

1. Yes, its possible.
2. Your employer cannot intend to hire you even before conducting the RLMT. That's where it may get a bit complicated. Your employer need to conduct RLMT as per process and prove that they cannot find a suitable person within the settled workforce in UK. You currently being employed by them is no reason for them to select you again. Home office will normally verify these documents as part of their usual audit cycle. If its conducted properly, I don't see any issues then.
3. I think either option should be fine. It's more of organisational issue rather than immigration issue.

Thank you moonlight55.

@Everyone: Are there any folks/cases on this forum who have done a similar change to Tier2 (Gen) with the same employer? Can you please share your experience regarding RLMT and any other process. Thanks in advance.

I am in a similar category. Only that I came to UK after April 2011 as a Tier 2 ICT dependant. Now I have been working with a company for almost a year on my TIer 2 ICT dependent visa and they wanted to sponsor me a Tier 2 general visa. I went back to India last month to apply for a Tier 2 general, However my company made a mistake and applied for a unrestricted CoS instead of Restricted CoS. So my application was rejected and also the Entry Clearance officer raised a point saying that since I already work for the company the RLMT outcome is pre-determined and said he is convinced that it was performed only to satisfy the rules. My company is trying to get a restricted CoS now, however we do not know how to circumvent this RLMT situation ?? Will a letter from my company saying that it was performed as per rules will suffice ?

Please note since I have my Tier 2 ICT dependent valid till Oct 2016 ,I was able to re-enter back into UK and resume my job.

The purpose of the RLMT is to give settled workers a chance to apply for the vacancy. A suitable settled worker is a person who has the skills and experience the employer seeks.

Without seeing the job advertisement it may be that it was too much "tailored" to you personally hence the ECO's comment although this wasn't given as a reason for the refusal.

Unless your employer accepts that this was the case and carries out a fresh RLMT (the present one is valid for 6 months), an explanatory letter by them may help.

Hi "inlondon123",

My wife is also same situation of you, she is under ICT Dependent and her employer is willing to sponsor her for Tier 2 General.

May I know what happened to your application? Was it successful?

Did your employer conduct RLMT to issue CoS for you? If they did that, could you please elaborate me the process, we will ask her employer to follow the same.

Also to apply for visa, did you apply from outside of UK?

It would be really great help if you can answer these questions.

Manci

/ any experienced immigration advisers, please add your inputs to my questions.

Thanks all in advance.

inlondon123 wrote:Hi Manci /all other experienced members.

I am currently a Tier 2 (ICT) dependent of a main applicant Tier 2 (ICT) who arrived in UK before 6 Apr 2011. I am currently working with a company for last few years and they are now ready to sponsor my Tier 2 (General) visa.

Can you please validate some of my understanding and answer the queries regarding being with the same employer.

1. I will have to apply for Tier 2 (General) from my home country. Correct?
2. There will be no cooling period as I have been in UK as a PBS dependent so far. Correct?
3. My employer will have to do RLMT and I will get restricted COS. Correct?

My key questions are:

1. Is such Tier 2 (General) change with the same employer possible? I know that Tier 2 (ICT) to Tier 2 (General) can only happen when you change sponsors (right?) – but in my case my current employer is not my visa sponsor as I am dependent on my spouse visa – so such may be allowed?

2. How will my employer do RLMT – as they intend to hire me only on Tier 2 General visa and I am already employed with them. Also note that our company recently tried to hire a resource with similar skillsets as mine – and they couldn’t find anyone – so I know RLMT as such will probably pass when they will do it.

3. Shall I need to resign and re-join as new employee on Tier 2 (Gen) after RLMT? What’s the best approach to change to Tier 2 (General) in my case.

Big thanks in advance to Manci/anyone else who can advise me in this matter.

Hi VV1989

So far there has not been much progress as the employer has put the visa sponsorship on hold for internal reasons . I will let you know in case this progresses.

To answer other part of your question – if the visa happens, it will have to be done from home-country, so yes outside of UK.

Cheers

hey folks, we are in the similar situation and I was wondering if you already managed to get you visa issued?