Resignation for Tier 2 ICT to Tier 2 PBS dependant

YMalhotra · Post by **YMalhotra** » Sat May 18, 2019 3:01 pm

Hi,
I have asked many questions on this forum and the response has been excellent. One more query if anyone can help out with:

My wife is on Tie2 general stamped 2015...ilr due 2020.
I & dependants are on tier 2 ict..

Now we are planning to switch to tier 2 dependants.
How should i proceed with the events of resignation & visa filling in order to avoid any legal hassles:

1. Shall i resign in uk first, serve notice period (3months) under ict and then apply pbs dependant

OR
2. Shall i file pbs dependant visa and once granted inform ict company about resignation so that they can cancel ict visa. Will i be able to serve notice period for company on pbs dependant visa in uk. Is this ok as per law.

Thanks

CR001 · Post by **CR001** » Sat May 18, 2019 5:58 pm

You can apply for a dependent visa and then resign or carry on working, your choice. Your ICT is cancelled automatically when your depednet visa is granted.

Up to your employer if they keep you on but you will have to provide evidence of your new visa.

Not sure why you think there is a law issue??

Picard · Post by **Picard** » Mon May 20, 2019 9:36 am

I have a very similar query for my wife's ICT

YMalhotra · Post by **YMalhotra** » Mon May 20, 2019 7:25 pm

You can apply for a dependent visa and then resign or carry on working, your choice. Your ICT is cancelled automatically when your depednet visa is granted.

Up to your employer if they keep you on but you will have to provide evidence of your new visa.

Not sure why you think there is a law issue??

The problem is when companies sent me on ICT, they asked me to sign bond saying that you should not switch which i have now understood is against UK rule...so now confused what should i do?
Can i first apply dependant visa for kids alone and then resign...serve resignation in home county and then apply dependant from home country.
Or
All of us (children) & myself apply dependant in uk and then resign.

How tough or risky is option 1: applying children alone and i applying from home country?

CR001 · Post by **CR001** » Mon May 20, 2019 7:35 pm

YMalhotra wrote: ↑
Mon May 20, 2019 7:25 pm
The problem is when companies sent me on ICT, they asked me to sign bond saying that you should not switch which i have now understood is against UK rule...so now confused what should i do?
Can i first apply dependant visa for kids alone and then resign...serve resignation in home county and then apply dependant from home country.
Or
All of us (children) & myself apply dependant in uk and then resign.

How tough or risky is option 1: applying children alone and i applying from home country?

This is NOT a UK law. This is your employers policy that they impose on you for sponsoring you to the UK as they have made an investment in you which cost them money. There is nothing in the immigration rules like this that would prevent you from switching visa categories, so your assumption is wholly incorrect.

How you choose to do it is entirely up to you. When you resign is also up to you but if you have a long notice period, your employer could make you serve it outside the UK if you still hold an ICT visa.

YMalhotra · Post by **YMalhotra** » Mon May 20, 2019 10:16 pm

CR001 wrote: ↑
Mon May 20, 2019 7:35 pm

YMalhotra wrote: ↑
Mon May 20, 2019 7:25 pm
This is NOT a UK law. This is your employers policy that they impose on you for sponsoring you to the UK as they have made an investment in you which cost them money. There is nothing in the immigration rules like this that would prevent you from switching visa categories, so your assumption is wholly incorrect.

How you choose to do it is entirely up to you. When you resign is also up to you but if you have a long notice period, your employer could make you serve it outside the UK if you still hold an ICT visa.
You are absolutely right. This is employers policy.
So there are 2 options:

Option1: obtain dependant visa for kids from uk alone and i obtain from home country.
Is there any risk involved since kids are not applying with parents and i am also applying alone.

Option2: all apply from home country
Any risks in this option?
Any particular documentation required since we would not be travelling with main applicant?

Frontier Mole · Post by **Frontier Mole** » Tue May 21, 2019 7:41 am

There is a lot of overthinking going on here.

Apply for the dependent visa and once you have it your choices are:

Tell your employer that you have switched and it is up to them to determine if they will continue to employ you or not.

Don’t tell your employer anything, carry on working but go and look for another job. Resign once you have a new job.

Please be aware the bond issue will hurt them if the Home Office becomes aware of it. It is a form of modern slavery where you are entrapped by a coercive means by your employer. They would lose their Sponsor licence.

So if any threats are made in relation to the bond or if there is a financial impact on you then believe me you have the upper hand in this matter.

Get your dependent visa granted first then decide your options.

Picard · Post by **Picard** » Thu May 23, 2019 9:32 am

This is a great thread.
So many things discussed here, that we couldnt have even thought about. My wife is in similar predicament, switching from ICT to spouse visa.
thank you CR001 and frontiermole for your inputs.

So a follow up question:

If YMalhotra resigns now, will his ICT visa granting employer make him serve full notice period as per his home country, as per original terms of onsite deputation?
If YMalhotra resigns after switching visa, can his employer make him serve full notice period or the UK labor laws will be applicable on him?

Cheers
P

Frontier Mole · Post by **Frontier Mole** » Thu May 23, 2019 7:07 pm

No employer can make anyone serve a notice period. What are they going to do - drag you kicking and screaming into work?

The best they could do is to sue for breach of contract which will cost them time money and effort. They would have to be truly mad at you to do that because it does not get you into work.

The reference worry is an urban myth if they give you a bad reference then you can sue them... so it is a stand off.

Picard · Post by **Picard** » Sun May 26, 2019 4:11 pm

Thank you Frontier Mole.
i will take rest of my queries in my thread, wouldnt want to tag along
uk-tier-2-employer-sponsored-visas/need ... 81699.html

Cheers

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Resignation for Tier 2 ICT to Tier 2 PBS dependant

Resignation for Tier 2 ICT to Tier 2 PBS dependant

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