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Tier 2 ICT Short Term Dependent to Tier 2 General

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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enquiries
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Tier 2 ICT Short Term Dependent to Tier 2 General

Post by enquiries » Tue Oct 27, 2015 9:31 am

Hi,

I am currently working for an employer in Tier 2 ICT Short-term dependent visa which will be expiring in near. My employer does not have a sponsorship license, but they wish to apply for the same and sponsor me.

1. I am working for my employer since March 2015 and recruited me through a consultancy. In this case, do they need to complete Resident Labour Market Test?

2. I understand I should return to my home country to apply for Tier 2 General. But is the cooling off period applicable to me or my partner for Tier 2 General dependant?

3. If I wish to change my employer in Tier 2 General, can I apply for the visa from UK or do I need to return home country?

Thanks In Advance.

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Re: Tier 2 ICT Short Term Dependent to Tier 2 General

Post by CR001 » Tue Oct 27, 2015 9:56 am

1. Not sure about this. Moonlight55 or Manci could answer.

2. Cooling off period does not apply to you.

3. To switch AFTER you have a Tier 2 General, you can apply within the UK.
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Re: Tier 2 ICT Short Term Dependent to Tier 2 General

Post by enquiries » Tue Oct 27, 2015 10:09 am

CR001 wrote:1. Not sure about this. Moonlight55 or Manci could answer.

2. Cooling off period does not apply to you.

3. To switch AFTER you have a Tier 2 General, you can apply within the UK.
Thanks CR001. Moonlight55 or Manci, can you please help me by answering Resident Labour Market Test query?

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Re: Tier 2 ICT Short Term Dependent to Tier 2 General

Post by enquiries » Tue Oct 27, 2015 11:25 am

CR001 wrote:1. Not sure about this. Moonlight55 or Manci could answer.

2. Cooling off period does not apply to you.

3. To switch AFTER you have a Tier 2 General, you can apply within the UK.
Thanks CR001. Moonlight55 or Manci, can you please help me by answering Resident Labour Market Test query?

I read in the below link:
https://www.gov.uk/government/publicati ... -employers

"If the migrant is already working for you and they need to extend their leave to continue working for you in the same occupation, you do not need to carry out a resident labour market test" - Does this apply in my case as well ? (Switching from Tier 2 ICT Dependent to General with the same employer)

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Re: Tier 2 ICT Short Term Dependent to Tier 2 General

Post by CR001 » Tue Oct 27, 2015 11:40 am

You need to be careful though in relation to RMLT. There was recently a case on the forum where a member also did the what you would like to do and the Tier 2 General visa was refused as the company had not complied completely with the RMLT process as it appeared the process for the visa application was mainly done to accommodate the employee.

This is the link.

http://www.immigrationboards.com/uk-tie ... 96580.html
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Re: Tier 2 ICT Short Term Dependent to Tier 2 General

Post by enquiries » Tue Oct 27, 2015 11:57 am

CR001 wrote:You need to be careful though in relation to RMLT. There was recently a case on the forum where a member also did the what you would like to do and the Tier 2 General visa was refused as the company had not complied completely with the RMLT process as it appeared the process for the visa application was mainly done to accommodate the employee.

This is the link.

http://www.immigrationboards.com/uk-tie ... 96580.html
Thanks CR001. I will check with my employer whether they have details of advert and applicants list before starting the Sponsorship process.

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Re: Tier 2 ICT Short Term Dependent to Tier 2 General

Post by geriatrix » Tue Oct 27, 2015 12:08 pm

Extending and switching are two different things. Read this post to understand what these two terms mean.

You need a rCoS, to apply for entry clearance, which cannot be issued without RLMT - unless you are being sponsored for a job listed as a shortage occupation or you will be paid >£155,000.
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Re: Tier 2 ICT Short Term Dependent to Tier 2 General

Post by enquiries » Wed Oct 28, 2015 12:28 pm

sushdmehta wrote:Extending and switching are two different things. Read this post to understand what these two terms mean.

You need a rCoS, to apply for entry clearance, which cannot be issued without RLMT - unless you are being sponsored for a job listed as a shortage occupation or you will be paid >£155,000.
Thanks Sushdmehta for clarifying my query

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