Tier2 ICT Main to Tier2 ICT Dependent to Tier2 General

[rajkumarkhe1]

Hello Team,
Greetings,

Both me and my wife are on ICT Tire 2 Long term visa and currently in UK. I have completed 4 years till now (1 year on short term + 3 rd years ongoing with ICT Tire 2 Long term visa) I have 2 more years left and my visa is ending on Sep 2020 .My wife’s visa is ending latter in 2023.

I need to switch to Tier 2 General visa and I am sure I will find out employers in UK who can sponcer me Tire 2 General visa based on demand around skills i have suitable to job market . I have following queries –

If I change my visa status from ICT Tier 2 to ICT Tire 2 dependent (Will be dependent on my spouse) I have following questions –
1. Can I apply for Tier 2 general visa immediatley/soon after (1 month) of getting status as ICT Tire 2 dependent visa holder(dependent on spouse) ?
2. If NO , Do I need to server 12 month cooling off period ( Mandatory)to be eligible for applying Tire 2 General visa ? can saty in UK or need to be out side of UK?
3. Is it mandatory for me to be out of UK and spend 12 months of cool off period and then apply for Tire 2 General Visa from my Home county ?
4. Understand as dependent (ICT Tire 2 dependent) I can stay in UK and entitled to work . As dependent (on ICT Tire 2 Dependent visa ) of my spouse If I spend 12 month being in UK , Does this 12 month period will be considered as cooling off period for me ? and after 12 month completion only i can apply for Tire 2 general visa ?

5.As I have completed 4+ years so far and 2 more years are left to be completed on ICT tire 2 visa in UK . If I change my visa from Tire 2 dependent to Tire 2 General (following the rules of cooling off period). The day I will get Tire 2 General visa status, Am I going to reset my counter to “ZERO” of my total residency years in UK ? I am conscious of opportunity that my total years completed in UK could be 4+ and this can give me advantage later and if I could have completed 10 continuous years of residency [on combination of visas - ICT Tier2 visa (6 years ) + 1 years as Dependent + 3 years as Tier 2 General ] to be eligibale and apply for Long residency (rule says 10 years on any combination of visas). So my question is changing visa to Tire 2 genera will reset my counter of UK residency to ZERO the day I get Tire 2 general visa? Is shifting to Tire 2 general visa will result me loosing opportunity of "Long residency"?


Regards , PR

[CR001]

1. No.

2. Yes. It is mandatory for the 12 months cooling off period unless you are being offered a job with a salary in excess of £159,600pa.

3. No. 12 months on a PBS Dependent visa is also the 12 months cooling off period. You must however still apply for Tier 2 General from your home country.

4. Yes and yes.

5. Yes, your clock resets to zero when you apply for tier 2 general for ILR based on 5 years residence. ILR based on long residence, all visas count, including visitor visas.

[rajkumarkhe1]

Hi Team ,

Many thanks for reply over queries raised . Appreciate the quick tunaround time.

Seeking more clarity on response for Point #5 - "Yes, your clock resets to zero when you apply for tier 2 general for ILR based on 5 years residence. ILR based on long residence, all visas count, including visitor visas."

There might be two scenerios -
Scenerio 1 - My clock wil rest to zero when I apply for tire 2 general and end of year 5(Completing 5 years being on Tire 2 General visa) i can apply for ILR (Based on 5 year of residency on Tire 2 general visa) is that correct understanding? I am not counting any of my previous stay on ICT Tire 2 under this option.

Scenerio 2 - As my ICT Tire 2 visa is ending on Sep 2020 and at the end of 2020, I would have been completed total 6 years continiously in UK ( 1 year on ICT Tire 2 Short Term +5 year on ICT Tire 2 Short Term) on ICT Tire 2 visa category .Now (at the end of 2020 ) when I will change my visa to ICT Tire 2 PBS dependent (with Intention to serving cooling off perios of 12 months) it will be total count as 7 years continious in UK by this time . After serveing cooling off period (12 months )being in UK i can apply for Tire 2 General (as per rules you have mentioned ), I would be left only 3 years to be eligible to apply for ILR under 10 years of Lawfull Residency option (being on combination of differnt type of visa). Is my understanding right ? Becose you have mentioned in your response on point #5 ( "ILR based on long residence, all visas count, including visitor visas")
Thanks , PR

[CR001]

Correct. All based on the current rules, which could change

[rajkumarkhe1]

Thank you so much for clarification .