TIER 2 ICT Dependant to TIER2 General

[MissionPossible]

Hello Experts,

I have couple of doubts:

• Is it possible to switch in-country to TIER2 General from TIER2 ICT Est. Staff Dependant (from Feb'2011) based on a Unrestricted CoS for an occupation listed under shortage list ?
  
  Also, if above is possible then am I correct in assuming that switching from TIER2 ICT Est Staff to TIER2 General Dependant is also allowed in country.

[Greenie]

Hello Experts,

I have couple of doubts:

• Is it possible to switch in-country to TIER2 General from TIER2 ICT Est. Staff Dependant (from Feb'2011) based on a Unrestricted CoS for an occupation listed under shortage list ?
  
  Also, if above is possible then am I correct in assuming that switching from TIER2 ICT Est Staff to TIER2 General Dependant is also allowed in country.

Neither switch (i.e. in country application for leave to remain) is possible as 245HD(b) in the first scenario, and 319C(h) is not satisfied in the second scenario.

[MissionPossible]

- I thought since TIER2 ICTians before April 2011 are allowed to switch in-country so must be their dependants. Section 245HD(b) does not say anything about dependants so that implies they are not elligible ?

Anyway - So for an Out-of-country application, TIER ICT Dependant to TIER2 General is allowed with a restricted CoS ?
Does 12 month cooling-off applies in this case ?


For the second scenario - 319C(h) is really confussing (atleast for me). For example, even if my wife gets an out-of-country successful application , I'm not allowed to switch in-country as her dependant ?

Please correct me if I'm wrong.....

[Greenie]

- I thought since TIER2 ICTians before April 2011 are allowed to switch in-country so must be their dependants. Section 245HD(b) does not say anything about dependants so that implies they are not elligible ?

Anyway - So for an Out-of-country application, TIER ICT Dependant to TIER2 General is allowed with a restricted CoS ?
Does 12 month cooling-off applies in this case ?


For the second scenario - 319C(h) is really confussing (atleast for me). For example, even if my wife gets an out-of-country successful application , I'm not allowed to switch in-country as her dependant ?

Please correct me if I'm wrong.....

Depdendents are granted leave under another section of the rules, so it does not follow that if a main migrant can switch into another category that a dependent can also.

As stated above, neither you nor your wife can switch in country so both of you would need to return home to apply for fresh entry clearance.

the cooling off period does not apply because your wife does not currently have leave under tier2.

[MissionPossible]

Thanks Greenie for expert comments.

Though I have one more question, if I have to apply as a TIER2 Dependant (out-of-country application) i.e. switching from my current leave (TIER ICT Est Staff, Sep 2010 ) - in that case also cooling off is not applied and I may join apply together with my wife?

[Greenie]

yes no cooling off period for either of you. (NB 'switching' refers to in country applications only). Are you also aware that your wife cannot use the time spend as a dependent towards her 5 years for settlement as a PBS migrant?

[MissionPossible]

Thanks Greenie for correcting me with the usage of "Switch", I would use this term more carefully in future...

Regarding 5 years for settlement as a PBS migrant, I don't think so if even I can use the time I've spent in Uk under it considering I'm in UK on TIER2 ICT that was issued after April2010...