Visa Refused-Entry clearance requirements for Tier2 dependan

[ref123]

Dear Moderators,Gurus,Experts,

Need urgent advise!!
I am currently on Tier2 ICT Short term migrant staff visa valid until 3rd June 2012.
I had made a combined application along with my spouse for further leave to remain as a Partner of Tier2 General Migrant.My spouse has been granted Tier2 General visa however my dependant visa has been refused in view of the fact that I am currently holding entry clearance into UK as Tier2 ICT short term migrant, hence I am not able to switch from this category to a Tier 2 Dependant, therefore my visa has been refused as I do not satisfy the requirements of Immigration rules for this category and the application has been refused for leave to remain as a Partner of a Points Based system migrant under Paragraph 319(h) of Immigration rule.

Furthermore I am also not entitled to appeal t t still has leave to enter or remain in the UK and so is entitled to stay here.

CAN someone please advise what options am I left with to obtain a correct entry clearance in the dependant category to rejoin my wife in the UK?
Can I apply for dependant visa from India once my Tier 2 ICT Short term visa validity expires or is there a cooling off period applicable which would restrict me to switch to dependant category before 12 months? I am really confused, depressed and disappointed..Your advise will be really helpful to take an appropriate decision!! Thanks in advance.

[Lucapooka]

There is no cooling off period for dependants. You have to leave the UK and apply from India.

[ref123]

Thanks Lucapooka for your advise.This gives some sort of relief.

However I couldn't see any policy document that states that one cannot switch from Tier2 ICT Short term migrant to Tier2 Dependant.I had gone through the policy guidance in detail before applying but did not come across any such rule.
Can you please share any links/policy guidance documents that states the entry clearance requirements for Tier2 Dependants?

Also I am worried that even if i go back to India and submit a new application for a dependant visa after 3rd June 2012 once my Tier2 ICT validity expires, can they still refuse my visa on the grounds that I have last been granted leave to remain in UK as Tier 2 ICT Short term migrant? I just want to make sure that there are no loopholes in the application as I can't afford another refusal.Please advise.
Thanks

[Lucapooka]

You are a PBS migrant in your own right. You do not have leave as a partner of a PBS migrant.

‘Switching’ or moving into the route for Family Members tier 1, 2 and 5 migrants
29. For family members of Tier 1, 2, and 5 applicants, switching is permitted when applying as:
•a family member who has or last had entry clearance or leave to remain as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a relevant Points Based System migrant;

http://www.bia.homeoffice.gov.uk/siteco ... olicy1.pdf

[ref123]

You are a PBS migrant in your own right. You do not have leave as a partner of a PBS migrant.

‘Switching’ or moving into the route for Family Members tier 1, 2 and 5 migrants
29. For family members of Tier 1, 2, and 5 applicants, switching is permitted when applying as:
•a family member who has or last had entry clearance or leave to remain as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a relevant Points Based System migrant;

http://www.bia.homeoffice.gov.uk/siteco ... olicy1.pdf

Thanks for your prompt response.1 last question-
can I still apply for Tier 2 dependant from India once the validity on my Tier2 ICT Short term visa expires? Kindly confirm.Thanks.

[Lucapooka]

Yes, if you have not breached any immigration rules.

[ref123]

Thanks a tonn. Appreciate your response.

[manci]

[can I still apply for Tier 2 dependant from India once the validity on my Tier2 ICT Short term visa expires? Kindly confirm.Thanks.

I don't think you have to wait for your T2 ICT visa to expire. Once you are back in India you can apply immediately.

[ref123]

[can I still apply for Tier 2 dependant from India once the validity on my Tier2 ICT Short term visa expires? Kindly confirm.Thanks.

I don't think you have to wait for your T2 ICT visa to expire. Once you are back in India you can apply immediately.

Thanks manci. The refusal reason is in view of the fact that I am currently holding entry clearance into UK as Tier2 ICT short term migrant, hence I am not able to switch from this category to a Tier 2 Dependant and that I do not satisfy the requirements of Immigration rules for this category and the application has been refused for leave to remain as a Partner of a Points Based system migrant under Paragraph 319(h) of Immigration rule.

I am a little worried that even though I apply for dependant visa immediately upon returning to India(27th May 2012) whilst my Tier2 ICT is still valid (until 3rd June 2012) might result in another refusal on same grounds.

However please advise if following options are possible/feasible in my case or not:-

1.Applying an In Country application for Family visit visa while being in the UK and then switching to Tier2 Dependant later on..not sure if switching is permitted from Tier2 ICT to Family visitor from within the UK

2.Go back to India -> Apply for a Family visit (costs less and processing time is 2-3 days) -> Travel to UK as a family visitor -> Apply for Tier2 Dependant Partner from UK (in this case UKBA cannot refuse the visa on grounds that my last visa was granted as a T2 ICT although this seems to be a lengthy route)

3. Go back to India on 27th May - Apply for T2 Dependant on 4th June as my T2 ICT visa expires on 3rd June and come back -? Not sure about the processing time of T2 Dependant visa from India!!!

Kindly advise
Thanks.