Tier 2 Gen Dependent Visa to Tier 2 Gen Visa main-Pls Help!

[AbyIsc21]

Hello All,

I am on tier 2 dependent Visa with my wife who has a tier 2 general main Visa from July 2013. Now there are discussions of her company being acquired by another company which could lead to a situation were she might be asked to resign.I myself am working in a MNC in UK on the Tier 2 Gen dependent Visa.If my company(A Rated Sponsor) is okay to provide me a Tier 2 general Visa,then can you please help me with below queries:

1)Can I switch from tier 2 general dependent to tier 2 general (Main) Visa?If yes,Can I apply from UK as its not a new job offer to me as I am already a UK headcount employee with my company?

2)I was in Tier 2 ICT Visa from February 2010 till September 2013,post that I have been on tier 2 general dependent from Sep 2013.
Is there any cooling period that can come in picture before I apply for Tier 2 general Visa?

3) I will be technically living and working in UK for 5 years by Feb 2015 but partially as Tier 2 ICT main and rest in other categories, Is there a chance that I am eligible for ILR?

I will be grateful for your responses!!

Regards
AB

[manci]

Hello All,

I am on tier 2 dependent Visa with my wife who has a tier 2 general main Visa from July 2013. Now there are discussions of her company being acquired by another company which could lead to a situation were she might be asked to resign.I myself am working in a MNC in UK on the Tier 2 Gen dependent Visa.If my company(A Rated Sponsor) is okay to provide me a Tier 2 general Visa,then can you please help me with below queries:

1)Can I switch from tier 2 general dependent to tier 2 general (Main) Visa?If yes,Can I apply from UK as its not a new job offer to me as I am already a UK headcount employee with my company?
you'll need to apply from home country with restricted CoS which will necessitate RLMT (unless an exemption applies)

2)I was in Tier 2 ICT Visa from February 2010 till September 2013,post that I have been on tier 2 general dependent from Sep 2013.
Is there any cooling period that can come in picture before I apply for Tier 2 general Visa?
cooling off ends this month (Sept 14)

3) I will be technically living and working in UK for 5 years by Feb 2015 but partially as Tier 2 ICT main and rest in other categories, Is there a chance that I am eligible for ILR?
not on the 5 year route because continuity has been broken by your current PBS dependant status

I will be grateful for your responses!!

Regards
AB

[AbyIsc21]

Thanks Manci!!You and the rest of the team are doing a great job by helping so many people!God Bless you All

[AbyIsc21]

Hi Manci,

Last question:

With reference to my first question:

Would I need to resign from my job or can I apply for VISA while working as a UK employee?

Thanks
Abby

[Frontier Mole]

One employment law point.
Your partner can not be forced to resign just because the company maybe acquired by another business. There are rules under TUPE that may well apply.
Your partner could be made redundant still losing their job but they should not resign.

[AbyIsc21]

Thanks Frontier Mole for your pro-active suggestion,Thats a good point from employment point of view of my spouse.
Its just at a very initial stage but I thought of keeping all information I can before the situation arrives.

Experts - In terms of my employment,Would you be able to help to confirm - If I need to leave my UK job to go to home country and apply for a new Tier 2 Visa of mine with my current employer?

Regards
Abby