Tier 2 ICT Partner to Tier 2 General

[gaurav0098]

Hi all,

this is offshoot of the question that I had posted earlier.

Situation is that my wife has joined me in UK on Tier 2 (Inter Company Transfer) Long term staff partner in Feb 2013 and I have come in Sep 2012.

We want to convert her Tier 2 (ICT) Long term staff partner visa into Tier 2 (General). As I understand from earlier replies that there will be no cooling off period for her and she can immediately apply in case her company can provide her appropriate salary, COS and RMLT 28 days. I am also clear on from the answer that she can't do the switch from within UK and she would need to go to home country to get the switch done.

I have 3 questions....and would be really great if some one can help me on them:

1. I can't find any link or reference to no requirement of cooling off period on UKBA website. Can some one please help me by posting a link where I can find official information specific around partners category changing the category of visa.

2. She has got 1.5 years left on her Tier 2 (ICT) Long term staff partner visa. Is there a chance that when she goes to home country, UKBA might cancel that visa and refuse a new Tier 2 (General) visa or generally the cancellation of earlier visa will happen only if the new Visa in new category is granted???

3. I understand that I can convert my Tier 2 (ICT) long term staff visa into Tier 2 (General) Partner visa without any cooling off period but again can't find reference to this on UKBA site. Can you please help by posting a link for the same as well????

[gaurav0098]

Hi,

any guidance please?

[manci]

Hi all,

this is offshoot of the question that I had posted earlier.

Situation is that my wife has joined me in UK on Tier 2 (Inter Company Transfer) Long term staff partner in Feb 2013 and I have come in Sep 2012.

We want to convert her Tier 2 (ICT) Long term staff partner visa into Tier 2 (General). As I understand from earlier replies that there will be no cooling off period for her and she can immediately apply in case her company can provide her appropriate salary, COS and RMLT 28 days. I am also clear on from the answer that she can't do the switch from within UK and she would need to go to home country to get the switch done.

I have 3 questions....and would be really great if some one can help me on them:

1. I can't find any link or reference to no requirement of cooling off period on UKBA website. Can some one please help me by posting a link where I can find official information specific around partners category changing the category of visa.
there is no such link. The immigration rules only prescribe when cooling off is required. See 245HB(g)


2. She has got 1.5 years left on her Tier 2 (ICT) Long term staff partner visa. Is there a chance that when she goes to home country, UKBA might cancel that visa and refuse a new Tier 2 (General) visa or generally the cancellation of earlier visa will happen only if the new Visa in new category is granted???
the latter

3. I understand that I can convert my Tier 2 (ICT) long term staff visa into Tier 2 (General) Partner visa without any cooling off period but again can't find reference to this on UKBA site. Can you please help by posting a link for the same as well????
see 1. above

[gaurav0098]

Hi all,

this is offshoot of the question that I had posted earlier.

Situation is that my wife has joined me in UK on Tier 2 (Inter Company Transfer) Long term staff partner in Feb 2013 and I have come in Sep 2012.

We want to convert her Tier 2 (ICT) Long term staff partner visa into Tier 2 (General). As I understand from earlier replies that there will be no cooling off period for her and she can immediately apply in case her company can provide her appropriate salary, COS and RMLT 28 days. I am also clear on from the answer that she can't do the switch from within UK and she would need to go to home country to get the switch done.

I have 3 questions....and would be really great if some one can help me on them:

1. I can't find any link or reference to no requirement of cooling off period on UKBA website. Can some one please help me by posting a link where I can find official information specific around partners category changing the category of visa.
there is no such link. The immigration rules only prescribe when cooling off is required. See 245HB(g)


I went through this and it states:

The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at
any time during the 12 months immediately before the date of the application, unless the
applicant:

(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides
evidence to show this, or

Tier 2 partner visa are not considered Tier 2 Migrant



2. She has got 1.5 years left on her Tier 2 (ICT) Long term staff partner visa. Is there a chance that when she goes to home country, UKBA might cancel that visa and refuse a new Tier 2 (General) visa or generally the cancellation of earlier visa will happen only if the new Visa in new category is granted???
the latter

3. I understand that I can convert my Tier 2 (ICT) long term staff visa into Tier 2 (General) Partner visa without any cooling off period but again can't find reference to this on UKBA site. Can you please help by posting a link for the same as well????
see 1. above

[manci]

Tier 2 partner visa are not considered Tier 2 Migrant

correct - PBS dependants are not T2 migrants