ICT dependent to T2G - employment related queries

[Advi]

Dear Team,

Hope you are doing well!

This post is regarding an enquiry about Tier 2 General Visa.

I am currently in the UK holding a Tier 2 ICT dependent partner visa valid till Jan 2016. My wife is the primary visa holder. I plan to switch over to a Tier 2 general visa soon as my visa is nearing expiry. I am currently working in a permanent role with a UK based company for the last 18 months. I wish to know if the company that I am currently working for can sponsor me a tier 2 general visa ( they hold sponsorship licences). I understand that a resident labour market test (RLMT) needs to be conducted for a tier 2 general application.

1. In my case, if the company fails to find a resident candidate for my position, can I continue my employment with them while they conduct RLMT and apply for the certificate of sponsorship or should I resign from my service and then apply for the visa sponsored by them?

(I understand that the application needs to be made outside UK for which I can apply few days leave while I switch over.)

2. Will I be able to enter UK again with my existing visa (valid till jan 2016) incase my new tier 2 general visa gets rejected for some reason ?

Thanking you in advance.
Your advice will be highly appreciated.

Regards
Maddy

[ravisb_2014]

1. Yes, you can continue working when RLMT is going on. Once RLMT is over after 28 days, your potential employer can issue a restricted CoS. No need to resign, but it's upto you and employer if you want to resign before applying for Tier 2(G).
Make sure they already have stock of restricted CoS.

2. Yes, You will be.

[Advi]

Thank you Ravi !

[Advi]

Further to the above post, got a question on how long a dependent can stay in the UK without the main applicant?

My wife is the main visa holder T2 ICT and I hold the dependent visa. She is currently on maternity leave and plans to go to India for a vacation along with my baby. Meanwhile my company will start working on the sponsorship process for my T2G visa . She plans to resign while on maternity leave from india and apply as my T2 G dependent along with the baby. My company is a little slow in processes and stuff , so the sponsorship process might take 3-4 months, till then I will have to stay here without the main visa holder. Is this okay ?

Will I be questioned during my T2 general visa processing or during my first entry with T2G as to why I stayed without the primary holder? My wife s visa will be valid for another 6 months cos she plans to resign only after her maternity break.

Thank you
Maddy

[ravisb_2014]

As long as your wife employer (in UK) does not inform to Home Office, your visa will not be curtailed. If they notify the HO, then main applicant visa will be curtailed to 60 days and same for dependent too. As per T2 guidelines, employer has to inform HO. Their license will be revoked if they don't inform. So, plan accordingly.

[Advi]

Thanks for the clarification. I really appreciate your help Ravi !