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Tier 2 ICT ST to PBS Dependent to Tier 2 G?

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

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anilisanil
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Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by anilisanil » Thu Jan 23, 2014 10:23 am

Hi Manci,

I am from India. I am currently working in the UK with a tier 2 ICT short term visa valid until July '14.

My wife will be getting Tier 2 ICT short term visa valid until Mar '15.

Can I shift to a PBS dependent visa before my visa expires ? Should I go back to India to switch to a dependent VISA?

What restrictions apply to me as a dependent because I worked as T2 ICT short term? Since I should be under cooling off period effective July 14 should my current sponsor does not extend my visa, how would that effect my opportunities should I want to work beyond July '14 using a dependent visa?

Can my current sponsor give me a fresh ICT visa should I continue to work with him on my dependent visa or I should still undergo cooling off period?

If I indeed have to cool off, will it be 12 months from the date I switch to dependent visa or the date my ICT expires or the date I leave UK as a dependent?

Can I get a T2 General visa while I am on the dependent visa? What are my options?

Thanks,
Anil

anilisanil
Junior Member
Posts: 82
Joined: Wed Jan 22, 2014 1:55 pm
Mood:
United Kingdom

Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by anilisanil » Fri Jan 24, 2014 10:17 am

Can someone please reply?

Thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by manci » Fri Jan 24, 2014 1:50 pm

anilisanil wrote:Hi Manci,

I am from India. I am currently working in the UK with a tier 2 ICT short term visa valid until July '14.

My wife will be getting Tier 2 ICT short term visa valid until Mar '15.

Can I shift to a PBS dependent visa before my visa expires ? Should I go back to India to switch to a dependent VISA?
once your wife has her T2 ICT ST visa, and before your current leave expires, you can switch in-country to the PBS dependant category

What restrictions apply to me as a dependent because I worked as T2 ICT short term?
none (unless you are a doctor or dentist)

Since I should be under cooling off period effective July 14 should my current sponsor does not extend my visa, how would that effect my opportunities should I want to work beyond July '14 using a dependent visa?
cooling of does not apply to PBS dependants.

Can my current sponsor give me a fresh ICT visa should I continue to work with him on my dependent visa or I should still undergo cooling off period?
you are free to work for your employer as a PBS dependant until your wife's T2 ICT and your dependant visa expire (which will be on the same date). T2 ICT ST leave cannot be extended beyond 12 months. If you or your employer wanted you to continue on T2 ICT you would have to apply from your home country either as T2 ICT Long Term Staff without cooling-off (min. salary £40,600), or T2 ICT Short Term Staff after 12 months cooling-off.

If I indeed have to cool off, will it be 12 months from the date I switch to dependent visa or the date my ICT expires or the date I leave UK as a dependent?
it would be 12 months from the time you left the UK as a Tier 2 migrant.

Can I get a T2 General visa while I am on the dependent visa? What are my options?
no, you would have to apply from your home country and cooling-off would apply (see above)

Thanks,
Anil

anilisanil
Junior Member
Posts: 82
Joined: Wed Jan 22, 2014 1:55 pm
Mood:
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Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by anilisanil » Fri Jan 24, 2014 3:25 pm

Hi Manci,

Thanks a lot for the replies.

I am now clear the options I have as an ICT migrant. But I am unable to understand how my current ICT status would effect me if I switch to dependent VISA.

To confirm-

If I switch to PBS dependent, I still need to cool off to get a Tier 2 G? Effective when?

Thanks in advance!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by manci » Fri Jan 24, 2014 8:47 pm

if you switch to PBS dependant your previous immigration status is irrelevant, it will not affect you at all.

Read immigration rule 245HB(g) re. the cooling-off period
http://www.ukba.homeoffice.gov.uk/polic ... tionrules/

anilisanil
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Posts: 82
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Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by anilisanil » Wed Jan 28, 2015 2:24 pm

manci wrote:if you switch to PBS dependant your previous immigration status is irrelevant, it will not affect you at all.

Read immigration rule 245HB(g) re. the cooling-off period
http://www.ukba.homeoffice.gov.uk/polic ... tionrules/
Hi-In your reply here- http://www.immigrationboards.com/uk-tie ... l#p1096908

You have mentioned that we need to wait for 1 year from last T2 visa to apply for T2G.

But here you mentioned that once I switch to Dependent my last immigration status is irrelevant. Can you please clarify?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by manci » Wed Jan 28, 2015 7:50 pm

anilisanil wrote:
manci wrote:if you switch to PBS dependant your previous immigration status is irrelevant, it will not affect you at all.

Read immigration rule 245HB(g) re. the cooling-off period
http://www.ukba.homeoffice.gov.uk/polic ... tionrules/
Hi-In your reply here- http://www.immigrationboards.com/uk-tie ... l#p1096908

You have mentioned that we need to wait for 1 year from last T2 visa to apply for T2G.

But here you mentioned that once I switch to Dependent my last immigration status is irrelevant. Can you please clarify?
T2 and PBS dependant are different immigration categories. Cooling off only applies to T2 entry clearance applications if the previous leave was also T2. When you apply from home country your previous leave will have been PBS dependant, not T2

anilisanil
Junior Member
Posts: 82
Joined: Wed Jan 22, 2014 1:55 pm
Mood:
United Kingdom

Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by anilisanil » Thu Jan 29, 2015 11:00 am

manci wrote:
anilisanil wrote:
manci wrote:if you switch to PBS dependant your previous immigration status is irrelevant, it will not affect you at all.

Read immigration rule 245HB(g) re. the cooling-off period
http://www.ukba.homeoffice.gov.uk/polic ... tionrules/
Hi-In your reply here- http://www.immigrationboards.com/uk-tie ... l#p1096908

You have mentioned that we need to wait for 1 year from last T2 visa to apply for T2G.

But here you mentioned that once I switch to Dependent my last immigration status is irrelevant. Can you please clarify?
T2 and PBS dependant are different immigration categories. Cooling off only applies to T2 entry clearance applications if the previous leave was also T2. When you apply from home country your previous leave will have been PBS dependant, not T2

Just to confirm-

I am on T2 ICT LT Staff Visa 2014-17
My wife was on T2 ICT ST Staff Visa and left UK in Nov 2014
She returned to the UK as my LT Staff Partner in January 2015

She started working now on dependent visa (T2 LT Partner) and might get sponsorship soon
So she can switch from her dependent visa to T2G immediately right? Or she has to wait until 2015 Nov?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 ICT ST to PBS Dependent to Tier 2 G?

Post by manci » Thu Jan 29, 2015 2:52 pm

@anilisanil
she can only apply from Nov 15 onwards

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