Tier 2 ICT Long Term Staff to Tier2 General Dependent visa

[Suresh.hm]

Dear Expert,

My wife has recently got her Tier 2 General visa (stamped in Feb 2014) from her home country and now she is working in UK for an employer.
I am currently on a Tier 2 Long Term Staff Migrant visa and my child is on my dependent visa (Tier 2 Long Term Staff Child).
My and child's visa status is as below:
> On Tier 2 Long Term Staff Migrant and Tier 2 Long Term Staff Child visa

> Visa valid till Jan 2015

> Date of first entry in same category of visa : Apr 2013

can we (me and my child) change our visa to be my wife's dependent (Tier 2 General dependent) In Country or
do we have to go to home country and apply for the same? Please clarify.

Kind regards
Suresh

[manci]

If your wife has T2G leave you and your child can switch in-country to become her dependants

[Suresh.hm]

Thanks Manci.

[rufi86]

Hi Manci,

I am came to Uk on august 2011 on Tier 2 ICT long term Visa n my wife was my dependent. we stayed for 18 months and left Uk January 2013.
My wife got tier 2 general visa on march 2013 and I was her dependent but after coming to UK my wife was on maternity leave.
My questions are -

1. If I switch from Tier2 General dependent to Tier2 General , when can I apply for ILR ( will my stay as Tier2 General dependent be considered in calculating 5 years ?)
2. Can I switch to Tier2 General within country ?
3. Can my wife switch to dependent within country ?
4. Can my wife apply for ILR as she was as dependent of Tier2 ICT before july 2013 ?

[manci]

Hi Manci,

I am came to Uk on august 2011 on Tier 2 ICT long term Visa n my wife was my dependent. we stayed for 18 months and left Uk January 2013.
My wife got tier 2 general visa on march 2013 and I was her dependent but after coming to UK my wife was on maternity leave.
My questions are -

1. If I switch from Tier2 General dependent to Tier2 General , when can I apply for ILR
5 years after becoming a T2G migrant
( will my stay as Tier2 General dependent be considered in calculating 5 years ?)
no
2. Can I switch to Tier2 General within country ?
no
3. Can my wife switch to dependent within country ?
yes
4. Can my wife apply for ILR as she was as dependent of Tier2 ICT before july 2013 ?

[Petachogg]

Hi Manci,
I have a similar question.
I'm on Tier 2 ICT visa from January 2015.
My wife is on Tier 2 General from the same month.

Are the following "switches" possible:

1. Wife (God forbid!) loses sponsor visa -> switches to Tier 2 ICT dependent.
2. (following 1 above) Wife finds new sponsor -> switches from Tier 2 ICT dependent to Tier 2 General. Can this be done without leaving UK and passing new clearance procedure?
3. My Tier 2 ICT sponsorship period is finished -> switch to Tier 2 General dependent.

Thanks a lot in advance!!!

[manci]

Hi Manci,
I have a similar question.
I'm on Tier 2 ICT visa from January 2015.
My wife is on Tier 2 General from the same month.

Are the following "switches" possible:

1. Wife (God forbid!) loses sponsor visa -> switches to Tier 2 ICT dependent.
2. (following 1 above) Wife finds new sponsor -> switches from Tier 2 ICT dependent to Tier 2 General. Can this be done without leaving UK and passing new clearance procedure?
no, she would have to apply for entry clearance from home country with restricted CoS

3. My Tier 2 ICT sponsorship period is finished -> switch to Tier 2 General dependent.
yes, this can be done in-country

Thanks a lot in advance!!!

[Petachogg]

Hi Manci!
Thank you so much for your answer!!!
Would like to clarify 2 additional nuances:

1. I understand from what you wrote that switching from Tier 2 General to Tier 2 ICT dependent is not a problem (inside UK), isn't it?
2. Regarding entry clearance from home country: does a cool-off period of 12 months apply in this case or there is no such a requirement for switching from Tier 2 dependent (General/ICT)?

Thanks againt for your kind assistance!

Andrey

[manci]

Hi Manci!
Thank you so much for your answer!!!
Would like to clarify 2 additional nuances:

1. I understand from what you wrote that switching from Tier 2 General to Tier 2 ICT dependent is not a problem (inside UK), isn't it?
correct, switch can be made in-country

2. Regarding entry clearance from home country: does a cool-off period of 12 months apply in this case or there is no such a requirement for switching from Tier 2 dependent (General/ICT)?
no cooling off for PBS dependant applying for T2G visa from home country

Thanks againt for your kind assistance!

Andrey

[Petachogg]

Fantastic!
Thank you so much, Manci!

[drewsings]

hi Manci

what if in the same situation wife moves to ILR? would the husband on T2 ICT be able to switch into PB dependent T2 General or would have to apply as family of settled person. There is quite a bit of confusion here, because the gov.uk website clearly says it has to continue being Tier 2 general dependent, but some say it is going to be FLR(M) since the primary visa holder is now on ILR and not a PBS tier 2 general anymore.

the gov.uk website https://www.gov.uk/remain-in-uk-family clearly says you cant apply this route and fall under "exceptions" since the primary application "was" a temporary worker before getting the ILR. Please help shed some light on this...

if it helps, please feel free to check this other thread i started with whole lot of information .... thnks a lot in advance

http://www.immigrationboards.com/immigr ... l#p1183701

[ict_794]

Hi All

Currently I am working on tier2 ICT (Long term staff migrant) visa and this visa was issued in year 2014.

1) I am planning to transfer the sponsor now, could you please let me know if I am eligible for switching from "Tier 2 ICT Long term staff migrant" to "Tier 2 General" in UK?

2) Please let me know if I can switch Tier 2 ICT from one sponsor to another.

3) Is there any change in cooling off period applicable with new changes effective April-2015?How much time is for cooling off period?

4) Is there any work around to this barrier as new company is ready to give me tier2 General sponsorship.

looking out for your valuable comments.


Many Thanks in Advance.

[manci]

Hi All

Currently I am working on tier2 ICT (Long term staff migrant) visa and this visa was issued in year 2014.

1) I am planning to transfer the sponsor now, could you please let me know if I am eligible for switching from "Tier 2 ICT Long term staff migrant" to "Tier 2 General" in UK?
no

2) Please let me know if I can switch Tier 2 ICT from one sponsor to another.
no

3) Is there any change in cooling off period applicable with new changes effective April-2015?How much time is for cooling off period?
12 months

4) Is there any work around to this barrier as new company is ready to give me tier2 General sponsorship.

looking out for your valuable comments.


Many Thanks in Advance.

[ict_794]

Hi Manci

Thanks for your prompt response. But I found this information written somewhere where it is mentioned cooling off period does not apply in change of employment effective from april 2015.

Employees and workers sponsored under Tier 2 categories should note that the cooling off period does not apply where the migrant

is in the UK and applying for an extension to their existing leave;
is in the UK and is making a change of employment application;
is applying as a high earner – someone whose gross salary package accepted for a Tier 2 application is £155,300 or higher;
is applying under the Tier 2 (ICT- Long-Term Staff) route and their last grant of Tier 2 leave was as an intra-company transfer migrant under the rules in place before 6 April 2011, or in one of the following intra-company transfer categories:
Skills Transfer;
Graduate Trainee;
Short-Term Staff.
was only in the UK as a Tier 2 migrant during the last 12 months for a short period(s) with a Certificate of Sponsorship which was assigned for 3 months or fewer.

[manci]

you can only switch from T2 ICT to T2G in-country if your initial T2 ICT visa under the rules before 6 April 2011.

Please don't do multiple posts on the same subject.