Switching from TIER2 ICT Long Term Migrant Staff

[lsaini]

Hello All,
I am Holding a TIER2 ICT Long Term Migrant staff Visa and visa Was stamped after 6th april 2011.
my Wife is Holding a TIER2 ICT Long Term Migrant staff Dependent Visa.Now The Questions are..

1. Can i Switch to TIER2 General Visa with out Serving Colling period ?
2. Can my Wife Switch to TIER2 General Visa without Serving Colling Period ? if Yes can i switch to her TIER2 General Dependent Visa ?

[CR001]

1. No
2. Yes but she needs to apply from home country and Yes you can apply within the UK once she returns with Tier 2 G.

[lsaini]

Thanks ... One more question....once i switch TIER2 ICT to TIER2 General Dependent visa category ....Later on (May be a year or two later) can i switch to TIER 2 General ? will all these duration Tier2 ICT + Tier 2 General Dependent + tier 2 General main will count towards ILR ??

[CR001]

You will need to wait exactly 12 months on a Tier 2 Dependent before you will be eligible to apply for Tier 2 General. This will be considered the 'cooling off period'.

If you apply for ILR based on 10 years long residence, then yes, you can use a combination of visas as long as you meet the standard requirements etc, to apply for ILR.

You cannot use the combination of different visas for ILR based on 5 years residence, you would need 5 years as Tier 2 G Dep or 5 years as Tier 2 G.

[lsaini]

Thanks This is helpful....weather i apply for ILR on long residence basis or a Five year on tier 2 General ...does this make any difference ?

[CR001]

Nope, as long as you meet the requirements for each one.

The only significant impact of applying for ILR based on 10 years long residence is that you cannot include dependents and if your spouse is on a Tier 2 G dependent visa (if you do switch to Tier 2 G after a couple of years), your spouse will have no option but to apply for a spouse settlement visa on FLR(M) which will reset the clock for her to zero and she will be on a new 5 year route to ILR (or 10 years if she reaches that first). She would therefore not be able to stay as a PBS dependent if you apply 10 years long residence.