URGENT !! TIER 2 General Query

Ranvir · Post by **Ranvir** » Fri Nov 23, 2012 12:13 am

Me and My wife came to UK on independent tier 2 general visas on oct 2008. She changed her visa to my tier2 dependent in mar 2011 which is valid until jan 2013 however,due to my work am getting back to india in jan 2013 . I would like to know following:

1. Once back in india, can she apply for tier2 ict from her company, without waiting for 12 months
2.Can she apply for Tier general from UK incase she finds a sponsor /job.
3. Will she be able to apply for ILR in oct 2013 although she has changed her visa type

what are our options for ILR. Do we have any chance at all.

Please advice.

Post by **manci** » Fri Nov 23, 2012 9:54 am

1. She can only apply for T2G, not T2 ICT.

2. If she is currently on a PBS dependant visa she cannot switch to T2G in-country. She would only be able to do this if she "last" had leave as a T2 migrant. IMHO "last" doesn't mean "at any time", i.e. her previous T2G leave would not count in this regard.

lawabidingimmigrant · Post by **lawabidingimmigrant** » Sat Nov 24, 2012 11:43 pm

Ranvir wrote: 2.Can she apply for Tier general from UK incase she finds a sponsor /job.
-> Dependent has to fly back to home country to apply for T2(G)
3. Will she be able to apply for ILR in oct 2013 although she has changed her visa type
-> Don't think so.
.

Ranvir · Post by **Ranvir** » Sat Dec 08, 2012 10:53 pm

Me and my wife are both leaving to india by jan 2013.As she is still working with the same employer since 2008 although she changed her visa from tier 2 ict to tier 2 dependent
With pay annually is more than 40,000.

1.I would like to know is she subjected any cooling off period or resident labor test from same company?

2.as she changed her visa status to dependent will she be not eligible for ILR if she stays 5 years i.e until end of dec2013.

Please help.

Post by **manci** » Sun Dec 09, 2012 8:28 am

1. she will need a CoS from her employer who would need to carry out a RLMT before assigning the CoS but there is no cooling-off in her case.

2. she will not be eligible in her own right for ILR because her time on a dependant visa does not count in the 5 years. However, she may apply for ILR as your partner if you yourself were eligible and applied in Oct 2013.

Ranvir · Post by **Ranvir** » Sun Dec 09, 2012 9:14 am

Thanks manci.

This would take 28 days for RLMT and further 10 days for COS and one more week for biometrics.Just want to understand the timelines we are going to take to get back to UK.

A minimum of 40 days.Please let me know if am calculating correct.As it is very important for us to plan.

Thanks.

Post by **manci** » Sun Dec 09, 2012 6:56 pm

Ranvir wrote:Thanks manci.

This would take 28 days for RLMT correct

and further 10 days for COS if the company have a T2G allocation available fthen the CoS can be assigned in 20 minutes once the RLMT is done

and one more week for biometrics.Just want to understand the timelines we are going to take to get back to UK. she will be applying in India, you'll need to look at the British HC website to see how long they take processing visas (and/or search this forum).
]A minuimus of 40 days.Please let me know if am calculating correct.

Thanks.

Ranvir · Post by **Ranvir** » Sun Dec 09, 2012 9:27 pm

I do understand 28 days rule for RLMT.However,some of my collegues in same company have travelled within 14days from the time their visa is initiated. I wonder why RLMT rule didnt apply for them.Our indian company transfer our payroll to UK i.e we r not in deputation in UK.

Do we have any exceptions to RLMT to speed up the process? Is it because they probably had Tier 2 ICT not tier 2 general.

Why my wife is not eligible for tier 2 ICT.I dont understand why? Can u pls clarify.

Ranvir · Post by **Ranvir** » Mon Dec 10, 2012 10:22 am

Ranvir wrote:I do understand 28 days rule for RLMT.However,some of my collegues in same company have travelled within 14days from the time their visa is initiated. I wonder why RLMT rule didnt apply for them.Our indian company transfer our payroll to UK i.e we r not in deputation in UK.

Do we have any exceptions to RLMT to speed up the process? Is it because they probably had Tier 2 ICT not tier 2 general.

Why my wife is not eligible for tier 2 ICT.I dont understand why? Can u pls clarify.

Could anyone please tell me why my wife cannot apply for tier 2 ICT

tejnarai · Post by **tejnarai** » Mon Dec 10, 2012 1:26 pm

She has to be working with the company outside Uk for 12 months if she has to come as ICT (long term).
If you want to come sooner, RMLT and restricted CoS is required.

Ranvir · Post by **Ranvir** » Tue Dec 11, 2012 5:01 pm

tejnarai wrote:She has to be working with the company outside Uk for 12 months if she has to come as ICT (long term).
If you want to come sooner, RMLT and restricted CoS is required.

She was on her maternity since jan 2012 to sep2012 and she travelled to india for about 8 months does it help her to get a tier 2 ICT? As she was outside UK.Does this help her to get tier 2 ICT long term?

Can she anyway apply for tier 2 ICT-short term? may be for 1 year?

Her company does not issue tier2 general .

Will await your response

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URGENT !! TIER 2 General Query

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