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Tier 2 ICT to Tier 1 dependent?

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MJNair
Member
Posts: 121
Joined: Mon Mar 23, 2009 10:38 pm

Tier 2 ICT to Tier 1 dependent?

Post by MJNair » Sun Dec 13, 2009 6:02 pm

I have been in the UK since the begining of 2008 on HSMP, now extended to Tier 1. My husband has also been here since Jan 2008 as well on his company's Intra Company Transfer WP/Tier 2
Now that the rules are changing for Tier 2 ICT in that they are not allowed to settle here anymore, we would like to change my husband's visa status to that of my dependent. i.e Tier 1 dependent.
Can he do this?
If yes, can he do so in the country or should he go to India (home country) and change it?
Would he have to wait for a certain time to change his status once he goes to India?

vks
Senior Member
Posts: 766
Joined: Mon Feb 23, 2009 6:56 am

Re: Tier 2 ICT to Tier 1 dependent?

Post by vks » Sun Dec 13, 2009 8:06 pm

MJNair wrote:I have been in the UK since the begining of 2008 on HSMP, now extended to Tier 1. My husband has also been here since Jan 2008 as well on his company's Intra Company Transfer WP/Tier 2
Now that the rules are changing for Tier 2 ICT in that they are not allowed to settle here anymore, we would like to change my husband's visa status to that of my dependent. i.e Tier 1 dependent.
Can he do this?Yes
If yes, can he do so in the country or should he go to India (home country) and change it?He can Switch In-Country. You should note that it is switching and not extending. So he should pass the criteria set for swtiching
Would he have to wait for a certain time to change his status once he goes to India?
Regards,
vks

SKUK
Member of Standing
Posts: 252
Joined: Sun Dec 16, 2007 3:59 pm

Post by SKUK » Mon Dec 14, 2009 12:21 am

MJNair

Your husband will have to go back to his country of origin and apply for the dependant visa. He cannot switch in-country.

MJNair
Member
Posts: 121
Joined: Mon Mar 23, 2009 10:38 pm

Post by MJNair » Mon Dec 14, 2009 5:52 pm

Thanks vks & SKUK for your responses.

vks, My husband intends to change his Tier 2 visa to a Tier 1 dependent.
He is not switching.

Do you know if he can apply for his dependent visa right away or would he have to wait for sometime in India (country of origin) before he can apply for a dependent visa?

Can he change his visa in India by himself while I remain here in the UK? Is it necessary that I go with him for the visa?

Any clue how long it would take for a dependent visa to be processed in India?

vks
Senior Member
Posts: 766
Joined: Mon Feb 23, 2009 6:56 am

Post by vks » Tue Dec 15, 2009 9:34 pm

MJNair wrote:Thanks vks & SKUK for your responses.

vks, My husband intends to change his Tier 2 visa to a Tier 1 dependent.
He is not switching.

Do you know if he can apply for his dependent visa right away or would he have to wait for sometime in India (country of origin) before he can apply for a dependent visa?

Can he change his visa in India by himself while I remain here in the UK? Is it necessary that I go with him for the visa?

Any clue how long it would take for a dependent visa to be processed in India?
Switching into dependant route
Regards,
vks

MJNair
Member
Posts: 121
Joined: Mon Mar 23, 2009 10:38 pm

Post by MJNair » Wed Dec 16, 2009 7:34 pm

I am a little confused now.
Switching in to the dependant route

This page explains the circumstances in which you can apply for permission to stay here as the dependant of someone who is already here in the highly skilled worker category (Tier 1 General) without having to leave the United Kingdom and apply for entry clearance (permission to come to the United Kingdom).

How you can switch in to the dependant route

You can apply for permission to stay here as the dependant of a highly skilled worker without having to leave the United Kingdom and apply for entry clearance if your last grant of entry clearance or permission to stay here was as the partner or child of:
an innovator;
a participant in the Fresh Talent: Working in Scotland Scheme;
a participant in the International Graduates Scheme (or the previous Science and Engineering Graduates Scheme);
a postgraduate doctor or dentist,
a student;
a student nurse;
a student re-sitting an examination;
a student writing up a thesis; or
a work permit holder.
According to the link (text from the link quoted above), only people who are currently in the UK as partners of certain categories (like a point based migrant) are allowed to switch.

My husband is not my dependent currently but on a Tier 2 visa. Would him changing his visa to that of a Tier 1 dependent be considered as switching?

So can he atleast change his visa status after going to his home country?
I am getting worried now.

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