Tier 2 General Visa Query

[SpeedBall]

My wife is on a Tier 2 ICT dependent visa. She is currently working and we were planning that she switches to Tier 2 General visa, mainly because I am on a Tier 2 ICT issued in 2010 and I understand I will not be eligible for ILR after 5 years of stay in the UK.

Her employer haven't issued any Tier 2 General CoS in past, so the HR is not sure if they can really do it, however they have issued ICTs in past and have had employees immigrating from overseas on ICT visas.
I can see that my wife's employer is currently a registered sponsor - as per the UKBA website they are Tier 2 (A rating) Tier 2 General and Tier 2 (A rating) ICT
Is that sufficient for them to issue a CoS for a Tier 2 General visa for my wife? Will my wife need a restricted or an unrestricted CoS, given that she is already in the UK and working for them?

[manci]

Only if you applied for your T2 ICT visa on or after 6 April 2010 are you not eligible for ILR.

Your wife cannot switch to T2G in-country, she would have to apply from abroad after having been assigned a T2G restricted CoS by her employer. If the employer is a registered T2G sponsor they can assign the CoS provided they get an allocation (there are annual/monthly limits) and after they have carried out a RLMT. Also, her job has to be level NQF6 and her salary at least the minimum according to the codes of practice, or £20k, whichever the higher. She would also have to score 10 points for English and 10 points for maintenance.

The above assumes that her job is not on the list of shortage occupations and that her salary will be less than £150k.

[SpeedBall]

Thank you for your reply manci

Sorry if I was not clear in my query, my main question is that
Is being a listed Tier 2 (A rating) sponsor a sufficient condition for the employer to issue a CoS?
How long does the process take? My wife is planning a business trip in Oct end will there be enough time for the employer to do all that is required in the mean time?

Thanks

[manci]

Sorry if I was not clear in my query, my main question is that Is being a listed Tier 2 (A rating) sponsor a sufficient condition for the employer to issue a CoS? No, it is not. In your wife's case they have to do a resident labour market test first (takes 28 days) and then apply for an allocation from the monthly quota (if the application is in by the 5th of a month the decision should be available a week later).

How long does the process take? My wife is planning a business trip in Oct end will there be enough time for the employer to do all that is required in the mean time? See above, in theory there may be enough time but your wife needs to talk to her employer to see if it is feasible.