Tier 2 ICT Dependent to Tier 2 General Visa

[Anj31]

Hi,
I am an Indian currently residing in UK since Aug 2018. My husband holds an Tier 2 ICT visa and I am dependent on his Visa. I am employed within UK since Aug 2018. My employer has agreed to sponsor Tier 2 General Visa for me and has run a successful RLMT. They are going forward to apply for a CoS for me.
Query 1 - I am asked to leave the country in order to apply for Tier 2 General Visa and have been informed that my employment will be terminated at the time of applying for Tier 2 General Visa. I wish to understand if employment termination is mandatory?

Additional info - RLMT was conducted and i was asked to apply for the role as well which is similar to the role i have at the moment.
Query 2 - Does this introduce any complexity in getting Tier 2 General Visa for myself ?

Additional info - I had paid for IHS originally for my current visa which is expiring in Jul 2019.
Query 3 - Do i need to pay for IHS again w.r.t. Tier 2 General Visa?

Thanks in advance for your response.

Regards

[CR001]

Query 1 - I am asked to leave the country in order to apply for Tier 2 General Visa and have been informed that my employment will be terminated at the time of applying for Tier 2 General Visa. I wish to understand if employment termination is mandatory?

No it is not.

Additional info - RLMT was conducted and i was asked to apply for the role as well which is similar to the role i have at the moment.
Query 2 - Does this introduce any complexity in getting Tier 2 General Visa for myself ?

Provided RLMT was done properly and not tailored to suit you specifically and exclude all others and that you have not been 'pre-selected' and the RLMT is 200% above board.

Additional info - I had paid for IHS originally for my current visa which is expiring in Jul 2019.
Query 3 - Do i need to pay for IHS again w.r.t. Tier 2 General Visa?

Yes, you have to pay it again.

[neha_dalakoti]

If you need to terminate the employment how your cos will be valid to apply for Tier 2 general?

[Anj31]

Thank you for your response.

I need to understand in what cases, employment termination is not mandatory. My company HR tells me that they cannot pay me .as I will need to return to my home country to make an application for UK Entry Clearance as a Tier 2 (general) migrant. Since, there must be a genuine vacancy and this would not be case if you continue to pay the individual during this period of time. Hence, they will have to terminate the contract.

Little background - There is a genuine vacancy in the team if i will leave due to my current VISA expiration. The team's feedback is that they did not receive any good resumes for the profile shared for RLMT. Also, they would like me to continue working with them but to support the process they had to conduct RLMT else, General VISA could not be awarded.

[Anj31]

If you need to terminate the employment how your cos will be valid to apply for Tier 2 general?

At the moment, my VISA is dependent on CoS provided by my spouse's organization. I have a dependant VISA.

[CR001]

If there is any indication that the RLMT was not genuine and has been tailored to only benefit you and exclude all others, you will struggle to get a visa. Ho can and often do ask for full details of all applicants that applied and the reasons why they were unsuccessful.

[CR001]

If you need to terminate the employment how your cos will be valid to apply for Tier 2 general?

At the moment, my VISA is dependent on CoS provided by my spouse's organization. I have a dependant VISA.

Your visa is dependent on your spouse not your spouse's sponsor.

[Anj31]

Thanks for your responses, so far. I have one last follow-up question.

Under what circumstances, termination of employee's contract is not required? Is there any website where i can go and find more information on this topic which i can share with my organization as proof?

Best,
Anj