Tier 2 ICT Short term + Long Term to Tier 2 General

[kev_uk]

Hi,

Hope doing great!
I came to UK in June'2014 on Tier-2 ICT Short Term for 1 year and then went back to India for another application on Tier-2 ICT Long term. I came back with new Tier-2 ICT LT visa in June'2015 and currently working for same employer. T2 ICT LT was granted for 1 year and I understand it can be extended for another few years, but number of years I spent [ST & LT] will not count against any ILR which I am planning to file in future. Please confirm.

My UK branch is willing to hire me on UK payroll directly and ready to sponsor WP/visa but we are not sure about visa rules and which visa would be suitable to make me transfer from India branch to UK branch considering my current visa status. Appreciate your help to suggest best option. We are open to apply/stamp visa within UK or from India [it is all covered]. Does cooling applies ?

After visiting various options on threads on this site and UKBA site - I understood that easiest option is to go back to India now, stay in cooling period for 1 year and then come back on T2G and think about ILR. Does that makes sense and viable option or any better options available than this ?

Many Thanks in advance for your kind response.
Regards,
Kev

[CR001]

I understood that easiest option is to go back to India now, stay in cooling period for 1 year and then come back on T2G and think about ILR. Does that makes sense and viable option or any better options available than this ?

This is your only option, unless you have a partner who has ILR or is British, then there is no other way but to serve 12 month cooling off and apply for Tier 2 General.

[kev_uk]

Thank you so much for your prompt response and guidance.

Slightly thinking out of box - I am not sure weather is this possible or not.
What if my wife [currently my dependent as T2ICT-LT] find a sponsor and obtain T2 ICT ST/LT/T2G for her, and I become her dependent and continue my job with same employer.
After a year I obtain T2G as main applicant and she becomes my dependent again!

Will that work and eligible for ILR ?
If yes - Any cooling off required in whole process ?
Visa stamping to be done within UK or from India ?

Many Thanks in advance,

[CR001]

Will that work and eligible for ILR ? Yes, it will work. You will need exactly 12 months on her dependent visa before you can apply for Tier 2 General.
If yes - Any cooling off required in whole process ? No
Visa stamping to be done within UK or from India ? India

If your wife can get a sponsor and it is a genuine vacancy, the only visa she can apply for is Tier 2 General.

[kev_uk]

Many Thanks for your response and sharing your expertise

Sounds interesting -
on top of this, one more query regarding visa stamping place. If you could mention against each step would be a great value addition on this.

- My wife: My T2ICT LT dependent --> Main applicant of T2G - Place of visa stamp?
- Me: T2ICT LT Main applicant --> T2G dependent on my wife's visa as main applicant - Place of visa stamp?
- Me: To obtain T2G: T2G dependent --> T2G Main applicant - Place of visa stamp?
- My wife: T2G --> T2G Dependent on my T2G - Place of visa stamp?

I presume I can keep my child on any of the Main applicant's dependent.

After whole process when we would be eligible for ILR and from when clock would start ticking

Regards,

[CR001]

- My wife: My T2ICT LT dependent --> Main applicant of T2G - Place of visa stamp? India. Must be an approved sponsor and full RLMT process has been completed before CoS is issued.

- Me: T2ICT LT Main applicant --> T2G dependent on my wife's visa as main applicant - Place of visa stamp? UK

- Me: To obtain T2G: T2G dependent --> T2G Main applicant - Place of visa stamp? India. Must be an approved sponsor and full RLMT process has been completed before CoS is issued.

- My wife: T2G --> T2G Dependent on my T2G - Place of visa stamp? UK

I presume I can keep my child on any of the Main applicant's dependent. If you change visas, your child will need to change visas. If your wife then switches back to being your dependent, your child will have to also.

After whole process when we would be eligible for ILR and from when clock would start ticking 5 years after you get Tier 2 General or if still available and you all meet ALL the requirements, 10 years long residence.

All of you will have to pay the immigration health surcharge at each step. You are currently all exempt from this surcharge as ICT visa holders/dependents.

[kev_uk]

Thank you so much for promptly and patiently handling all my queries
Have a great weekend ahead.

Regards,
Kev

[CR001]

You are welcome and post in this topic again if you have any further questions.

Enjoy the weekend

[kev_uk]

Hi again,
Good morning.
What a beautiful day! I am informed by my employer that "I can switch my Tier-2 ICT LT to Tier-2 General" without any cooling period. I am surprised to hear that!
Do you think is this true or how ?

Regards,

[CR001]

I don't believe that you can as your first ICT visa was only issued in 2014, this is after all the rule changes in 2010/11 for ICT migrants.

[moonlight55]

I agree with CR001. I don't think its possible.

[Dharunesh]

As per the rules change in 2011 it is not possible to switch from Tier 2 ICT to Tier 2 General