Switch Tier 2 ICT PBS Dependent to Tier 2 General

[pinkfloyd10]

Hi,

I am on Tier 2 ICT PBS Dependent visa. My company will sponsor my Tier 2 general visa for which I have to go to the home country and apply for visa approved to be approved.

1. Is the understanding correct that there is no cooling off period for a switch from ICT dependent to Tier 2 general visa?
2. Can my partner apply for PBS dependent visa along with my application Tier 2 general application from home country India?
3. My partner is currently on Tier 2 ICT visa started in 2015. Is there any cooling off period which applies for my husband if visa application for him is submitted from India?

Thanks

[CR001]

1. As previously advised when you asked a similar question, cooling off period does not apply to PBS Dependents. However, as you previously held a Tier 2 ICT main visa, you must have spent 12 months exactly on PBS Dependent visa before you can apply for Tier 2 General. As you don't state what date your dependent visa was issued, it is difficult to advise.

2. Your partner can apply with you in home country OR when you return to the UK and partner can then switch to dependent provided your partner still has a valid visa.

3. As has been advised previously and numerous times on the forum, cooling off period does NOT apply to dependent applications.

uk-tier-2-employer-sponsored-visas/swit ... l#p1577819

[pinkfloyd10]

Thanks for the response! Yes, I did ask about Tier 2 ICT to PBS switch questions before my apologies for raising this again as the rule changes every year just wanted to be sure.

I was granted PBS dependent visa on 15 Feb 2018, and as per your response below, my understanding is I can not apply for Tier 2 General visa till 15-Feb, 2019. There are few follow-up questions, please kindly help me with two more.

1. Can the sponsor start CoS application now or has to wait till 15 Feb 2019 to submit the CoS request with Home Office? I ask this question because I was informed it takes 2-3 months to get the CoS for Tier 2 General applicant and post that only one can go and apply for the Visa application from Home country. Considering it's already November and submitting the CoS and getting the sponsorship papers approved by Home office would automatically land Feb next year and post that I will submit my visa application. Advise, please.

2. Thanks for explaining that my partner can apply from India as dependent with me as the Tier 2 ICT visa is still valid so no cooling off period will apply. Another stupid question, can I submit the application for my partner as my dependent from India and he can continue to work in the UK on his regular job. Or all applicant have to be present for the application submission at visa centers.

[CR001]

1. It does not take '2/3 months' to get a CoS since Drs and nurses were removed from the Restricted CoS monthly allocation process. The last 2 months or so most have received their RCoS if all requirements and RLMT is met. If an RCoS is approved, it has to be used within 3 months.

2. No you cannot. He must apply in home country with you as he is required to submit his passport and enroll his biometrics.

[pinkfloyd10]

Thank you!