How to Convert from Tier 2 ICT to Tier 2 G?

[BINSPY]

Dear Members

My company is planning to transfer me to its subsidiary in London on Tier 2 ICT visa. My understanding this visa is valid for 3-years extendable for further two years. At the same time, my wife will pursue her PhD degree in London (3-years program and the offer letter has been issued).

Based on my own research, it seems there are currently restrictions on having Tier 2 ICT visa extended for more than five years where I could be subject to a 12-months cooling-off period before I can return back to the UK. While I understand that immigration rules can change any time, I want to explore the options available to me in the future which allow me to continue working in the UK without leaving the country. Also I am interested in pursuing ILR after the 5 years.

I want to have this sorted out from the beginning to avoid running the following risks:
1) I don’t want to lose my job with my employer in London after 5 years because of a Visa issue;
2) In case there is a need for my wife to extend her PhD degree for more than 5 years.
(Question: After 5 years, if she is on a Tier2 ICT Dept., would she be able to switch back to Tier 4 to continue the program?/Will she be subject to 12-months cooling off period?/ can the switch be done while in the UK?).

I believe the solution is to pursue obtaining Tier 2 (general) but this is limited in number (currently not available for my employer) and requires undertaking the RLMT (difficult to clear). I thought of the following scenarios that could be workable towards getting Tier 2 (General) without the need for RLMT, but I need your advice to plan for next steps accordingly:

- First Scenario: My wife will be on Tier 4 visa, I will be her dependent. After that, can I switch from being Tier 4 (dependent) to Tier 2 (General) without the need for RLMT (while remaining with my employer)?

- Second Scenario:
# Step A: I will be on Tier 2 ICT, my wife will be my dependent.
# Step B: My wife to switch from being Tier 2 ICT (dependent) to Tier 4 (PhD Student). (Can the switching be done in the UK? Will she be subject to 12-months cooling off period?)
# Step C: After 1-year of her studies, my wife to switch to Tier 2 (General). Being a PhD student, she will be exempted from the RLMT requirements. (Can the switching be done in the UK? If she is a full time PhD student, can she work full-time or she is restricted to certain number of hours or both options are available? Legally, can she still pursue her studies if she is a full-time employee?)
# Step D: I will switch from being on Tier 2 ICT to be my wife dependent, i.e. to Tier 2 General/Dependent. (Can the switching be done in the UK? Will I be subject to 12-months cooling off period? Assuming my employer will also be my wife’s sponsor for Tier 2 General, can I switch my visa type to be dependent while my sponsor remains the same?)
# Step E: Later on, can I switch my Tier 2 General/Dependent to Tier 2 General/Main without the need for RLMT (in case the sponsor remains the same)? (Can the switching be done in the UK? Will I be subject to 12-months cooling off period?)
If Step E is not possible, then in order to get the ILR (residency), I should remain dependent on my wife’s Tier 2 General visa for 5/6 years. Is my understanding correct?

- Third Scenario: Myself to pursue a part-time master degree, Apply for Tier 4 visa, then after completing the course, to apply for Tier 2 General (no need for RLMT). (Can the switching be done in the UK? Will I be subject to 12-months cooling off period? Can I maintain my sponsor?)

These are my initial thoughts but I don’t know if these are valid or not/or there could be a better way out. Please guide me on this.

Thank you very much.

[physicskate]

Dear Members

My company is planning to transfer me to its subsidiary in London on Tier 2 ICT visa. My understanding this visa is valid for 3-years extendable for further two years. At the same time, my wife will pursue her PhD degree in London (3-years program and the offer letter has been issued).

Based on my own research, it seems there are currently restrictions on having Tier 2 ICT visa extended for more than five years where I could be subject to a 12-months cooling-off period before I can return back to the UK. While I understand that immigration rules can change any time, I want to explore the options available to me in the future which allow me to continue working in the UK without leaving the country. Also I am interested in pursuing ILR after the 5 years.

I want to have this sorted out from the beginning to avoid running the following risks:
1) I don’t want to lose my job with my employer in London after 5 years because of a Visa issue;
2) In case there is a need for my wife to extend her PhD degree for more than 5 years.
(Question: After 5 years, if she is on a Tier2 ICT Dept., would she be able to switch back to Tier 4 to continue the program?/Will she be subject to 12-months cooling off period?/ can the switch be done while in the UK?).

I believe the solution is to pursue obtaining Tier 2 (general) but this is limited in number (currently not available for my employer) and requires undertaking the RLMT (difficult to clear). I thought of the following scenarios that could be workable towards getting Tier 2 (General) without the need for RLMT, but I need your advice to plan for next steps accordingly:

- First Scenario: My wife will be on Tier 4 visa, I will be her dependent. After that, can I switch from being Tier 4 (dependent) to Tier 2 (General) without the need for RLMT (while remaining with my employer)?

- Second Scenario:
# Step A: I will be on Tier 2 ICT, my wife will be my dependent.
# Step B: My wife to switch from being Tier 2 ICT (dependent) to Tier 4 (PhD Student). (Can the switching be done in the UK? Will she be subject to 12-months cooling off period?)
# Step C: After 1-year of her studies, my wife to switch to Tier 2 (General). Being a PhD student, she will be exempted from the RLMT requirements. (Can the switching be done in the UK? If she is a full time PhD student, can she work full-time or she is restricted to certain number of hours or both options are available? Legally, can she still pursue her studies if she is a full-time employee?)
# Step D: I will switch from being on Tier 2 ICT to be my wife dependent, i.e. to Tier 2 General/Dependent. (Can the switching be done in the UK? Will I be subject to 12-months cooling off period? Assuming my employer will also be my wife’s sponsor for Tier 2 General, can I switch my visa type to be dependent while my sponsor remains the same?)
# Step E: Later on, can I switch my Tier 2 General/Dependent to Tier 2 General/Main without the need for RLMT (in case the sponsor remains the same)? (Can the switching be done in the UK? Will I be subject to 12-months cooling off period?)
If Step E is not possible, then in order to get the ILR (residency), I should remain dependent on my wife’s Tier 2 General visa for 5/6 years. Is my understanding correct?

- Third Scenario: Myself to pursue a part-time master degree, Apply for Tier 4 visa, then after completing the course, to apply for Tier 2 General (no need for RLMT). (Can the switching be done in the UK? Will I be subject to 12-months cooling off period? Can I maintain my sponsor?)

These are my initial thoughts but I don’t know if these are valid or not/or there could be a better way out. Please guide me on this.

Thank you very much.

Scenario 1: You will still require the RLMT.

Scenario 3: Part time study is ineligible for Tier 4.

[BINSPY]

Thanks for your reply. Any views on Scenario two?

[BINSPY]

Hi Guys

Any expert opinion please?

[moonlight55]

I doubt someone can work full-time as well as pursue studies full-time.

[BINSPY]

manci and other experts any views on 2sd Scenario?

[physicskate]

manci and other experts any views on 2sd Scenario?

You cannot switch from Tier 2 Dependent to Tier 2 General without RLMT and restricted CoS. Otherwise, the premise of this switch seems vaguely sound...

[neels]

did you get a final answer. I will be interested to know