Tier 2 queries

[RS21]

Hi Rajan

I have few queries, if you can clarify please:

1. I am currently on Tier2 ICT dependent visa and working with my employer. Can my employer apply Tier2 ICT for me while I am in-country?
2. If the above can be done then in that case can my husband change his visa status from Tier2 ICT to Tier2 ICT Dependent (while in-country)?
3. If for some reason my employer can't apply for a Tier2 ICT for me, can I still change the job while I am on Tier2 ICT Dependent and ask my new employer to sponsor Tier2 General for me later if that's possible?

Thanks.
Regards,
RS21

[moonlight55]

1. Only possible if you have atleast 12 months of non-UK experience working with the same employer. Otherwise not. Also, you cannot apply from within UK. You need to go back to your home country to apply.

2. If you are eligible for ICT visa, he can switch to your dependent from within UK.

3. Yes.

[RS21]

Thanks moonlight.

Further to your response to my 1st point, if my employer is ready to apply for Tier2 ICT for me and I would go to India to apply it, then do I need to serve any cooling off period as well before I can apply for Tier2 ICT from India? Also will my current ICT dependent visa be automatically cancelled in that case?

[CR001]

I am sure you have to apply for a Tier 2 General. Tier 2 ICT assumes that you have worked and are transferring with an employer in your home country to the UK.

If you apply for any other Tier 2 visa as the main applicant, your Tier 2 ICT dependent visa will be cancelled and not be valid.

Cooling off period does not apply to PBS dependents provided they have not held a Tier 2 visa as main applicant in the previous 12 months.

[RS21]

Hi Char,

I am not sure if my employer would be sponsoring a Teir2 General visa. I am currently on Tier2 ICT dependent visa and need a my employer to apply for Tier2 ICT (as main applicant) for me while I am in UK, but from the responses it looks like it can be done only from India, without me serving a cool-off period.

[CR001]

Did you work for your current employer in India prior to coming to the UK?

To change visas, yes, you would need to apply from India.

[RS21]

Yes I work for the same employer in India but I am currently on a Dependent visa sponsored by my husband's employer. Trying to get my employer to sponsor Tier 2 ICT for me.

[CR001]

You do realise that Tier 2 ICT does not lead to ILR. Why not apply for Tier 2 General?

Also, is there not a requirement to be working for the Indian company in India to apply for an intercompany transfer visa? You are already in the UK, so how could it possibly be a ICT visa.

[RS21]

Hi All,

I have a query regarding visa switching.

I understand from the previous responses that switching from ICT (Main applicant) to ICT dependent is possible from within UK. The question here is - whether the same person can switch from ICT dependent to Tier2 General without serving a cooling off period (I understand switching to Tier2 General can happen only from home country)?

Regards,
RS21

[moonlight55]

No.

Cool-off is applicable from the last day of the previous Tier 2 visa. Moving to dependent visa will not remove the previous Tier 2 ICT visa from your visa history.

[RS21]

Hi Moonlight,

Sorry, didn'T understand your response completely. Do you mean ....
1) switching from ICT (Main applicant) to ICT dependent is NOT possible from within UK?
OR
2) If above is possible then the same person can NOT switch from ICT dependent to Tier2 General because he was on Tier2 ICT visa as Main applicant (his last visa status).
In that case when can he change his visa from Dependent to Tier2 General?

Regards,
RS21

[geriatrix]

Some basic concepts for OP to understand:
1. Employers do not apply for Tier 2, migrants do.
2. Employers can only issue CoS, either rC0S or uCoS for a given migrant.
3. Understand what "switching" means - by the reading the first 2 lines of the opening post in this sticky topic.

Answers to your queries:

Hi Rajan

I have few queries, if you can clarify please:

1. I am currently on Tier2 ICT dependent visa and working with my employer. Can my employer apply Tier2 ICT for me while I am in-country?
2. If the above can be done then in that case can my husband change his visa status from Tier2 ICT to Tier2 ICT Dependent (while in-country)?
3. If for some reason my employer can't apply for a Tier2 ICT for me, can I still change the job while I am on Tier2 ICT Dependent and ask my new employer to sponsor Tier2 General for me later if that's possible?

Thanks.
Regards,
RS21

1. A dependant cannot switch to principal PBS migrant. The dependent will require a rCoS from the employer and will need to apply for entry clearance as a PBS migrant from outside the UK.
2. Read "Switching to PBS dependant" in the opening post of this sticky topic.
3. Yes, but in that case too, 1. will apply.

The question here is - whether the same person can switch from ICT dependent to Tier2 General without serving a cooling off period (I understand switching to Tier2 General can happen only from home country)?

Regards,
RS21

Read PBS dependant to Tier 2 migrant: "cooling-off" requirement?