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Confusion about Switch to Tier 2 General --pls help

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

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anandpathak
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Location: London , UK
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Confusion about Switch to Tier 2 General --pls help

Post by anandpathak » Tue Sep 17, 2013 4:11 pm

Hello ,
My friend is in a situation which does not appear to be typical and I hope It would need some help before he takes his next move.
My friend is on Visa Tier 2 ICT long term staff Migrant issued in Oct 2011 and his wife is on PBS dependent linked to his Visa.

Now the problem is that he is loosing his assignment and would be asked to returned back to India by his company . Even his wife is employed as a contractor and her job is still safe and secure.

We are exploring if his wife can switch from current PBS dependent to Tier 2 General Visa and he himself could switch from Tier 2 ICT to PBD dependent visa linked to his wife.
I wanted to know :
1. 2.If this is even possible
2.If this is possible INCOuntry?
3.If this is possible without cooling off period which I logically feel should be possible as Cooling off period should apply for switch between Tier 2 ICT to Tier 2 General BUT should not apply on PBS dependent to Tier 2 General.

Experts , please let me know your thoughts on this .
Cheers
Anand

chennai2013
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Posts: 9
Joined: Tue Sep 10, 2013 7:35 am

Re: Confusion about Switch to Tier 2 General --pls help

Post by chennai2013 » Thu Sep 19, 2013 6:11 am

anandpathak wrote:Hello ,
My friend is in a situation which does not appear to be typical and I hope It would need some help before he takes his next move.
My friend is on Visa Tier 2 ICT long term staff Migrant issued in Oct 2011 and his wife is on PBS dependent linked to his Visa.

Now the problem is that he is loosing his assignment and would be asked to returned back to India by his company . Even his wife is employed as a contractor and her job is still safe and secure.

We are exploring if his wife can switch from current PBS dependent to Tier 2 General Visa and he himself could switch from Tier 2 ICT to PBD dependent visa linked to his wife.
I wanted to know :
1. 2.If this is even possible Yes, possible but not in country
2.If this is possible INCOuntry? Both of them should apply from home country
3.If this is possible without cooling off period which I logically feel should be possible as Cooling off period should apply for switch between Tier 2 ICT to Tier 2 General BUT should not apply on PBS dependent to Tier 2 General. No cooling off period

Experts , please let me know your thoughts on this .
Cheers
Anand

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

Post by manci » Thu Sep 19, 2013 8:12 am

Provided she has been assigned a restricted CoS your friend's wife can apply for T2G entry clearance from India (no cooling off).

Once she is back in the UK on her T2G visa your friend can switch to dependant status in-country (after 1 October)

anandpathak
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Posts: 125
Joined: Sat Dec 12, 2009 5:46 pm
Location: London , UK
Contact:

Post by anandpathak » Thu Sep 19, 2013 9:33 am

manci wrote:Provided she has been assigned a restricted CoS your friend's wife can apply for T2G entry clearance from India (no cooling off).

Once she is back in the UK on her T2G visa your friend can switch to dependant status in-country (after 1 October)
Thanks a Lot Manci and Chennai :)
I am sorry but one of your points are getting conflicted response.
Manci mentioned that Once my frieds wife switch from PBS dependent to Tier 2 General ( after applied in India) , My friend can switch from Tier 2 ICT to PBD dependent ( INCountry) . This conflicts with Chennai response ( or I understood wrong) wher he says the Switching can happen OUT Country for BOTH of them.

If My Fried can switch ( tier 2ICT to PBS Dependent) INCountry once his Wife successfully switches from PBS dependent to Tier 2 General , This would be a great relief .

Any Documentary evidence to confirm this would be great or your re-confirmation should suffice.

Cheers
Anand

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Sep 19, 2013 9:45 am

The law for switching to dependant changes from 1 Oct 2013.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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

Post by manci » Thu Sep 19, 2013 10:31 am

anandpathak wrote:Any Documentary evidence to confirm this would be great.....
Statement of Changes, para 7.22 and 7.23
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

anandpathak
Member
Posts: 125
Joined: Sat Dec 12, 2009 5:46 pm
Location: London , UK
Contact:

Post by anandpathak » Thu Sep 19, 2013 10:51 am

manci wrote:
anandpathak wrote:Any Documentary evidence to confirm this would be great.....
Statement of Changes, para 7.22 and 7.23
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Thanks a Lot Manci ..for the information and the source.
This change willd efinately make my friends life easier as he would be able to change from Tier 2 ICT to PBS INCountry after 1st Oct 2013.
Cheers
Anand

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