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Tier 2 ICT Dependant Visa To Tier 2 General

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kevinalexk
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Joined: Tue Oct 15, 2013 10:07 am
Location: United Kingdom

Tier 2 ICT Dependant Visa To Tier 2 General

Post by kevinalexk » Tue Mar 01, 2016 10:44 am

I am a software professional(from India, Big Surprise!!!) working for a multinational company in UK since Feb 2013 on a Tier 2 ICT Long Term Staff Migrant visa(3+2 validity). My wife came along with me on a Tier 2 ICT Long Term dependant visa. My wife found an IT job with a car manufacturer and been working since 2 years for them. They would like to employ her long term and would provide a CoS for Tier 2 General. My question is as follows

1) Since she is current on Tier 2 ICT Long Term Migrant Dependant, can we switch to Tier 2 General within the UK itself? I am 99% sure it is not allowed

2) If the answer to above question is 'NO', does she need to resign the job here and go to India and raise the visa from India-If Yes, is there a cooling off period for that? Also, Does she need to Resign as well?

Thanks

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CR001
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Re: Tier 2 ICT Dependant Visa To Tier 2 General

Post by CR001 » Tue Mar 01, 2016 10:54 am

1. No, she has to apply from home country.

2. No cooling off period for her but her employer has to complete the full and proper RLMT process and prove to HO that no settled or EU person is available with the necessary skills for the job and that your wife has not been 'pre-selected'. Pretty difficult if she is already in the job, but guess it depends on level of skills. If they do not meet this requirement, her visa will likely be refused. She does not have to 'resign'.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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