Switching from Tier 2 ICT LT to Tier 2 General

[annie01]

Hi,

We are in the UK since Jan 2013. My husband possesses a Tier 2 ICT (Long Term) visa and I am working on the basis of possessing a Tier 2 ICT (Long Term) dependent visa. The visa is valid until Jan 2018. I understand that the only route to extend our stay beyond Jan 2018 is for me to switch over to Tier 2 General visa as there is no cooling off period applicable for a person having Tier 2 ICT (Long Term) Dependent visa. Please confirm if this is true and if there is a possibility of obtaining an ILR on Tier 2 General visa. Furthermore, I would like to know if I can switch over to Tier 2 General visa from within the UK and is there are any specific criteria to be met.

Thanks

[CR001]

No cooling off period for a PBS dependent applying for a Tier 2 General as the main applicant.

Yes, ILR after 5 years provided you meet the requirements, including the salary changes coming into effect in April 2016.

You have to apply from your home country unless you are in one of the categories that qualify to switch within the UK, see this link (click)

You need an approved sponsoring employer to get Tier 2 General. RLMT has to be completed in strict accordance with HO guidelines before you can be issued with a CoS.

[annie01]

Since I am currently working on basis of a Tier 2 ICT dependent visa, Can I keep working in the same company while I go back to my home country to apply for Tier2 general visa or do I have to take leave and go?

[CR001]

Yes you can provided your employer is an approved Tier 2 G sponsor and performs a proper RLMT process. If UKVI think you have been preselected for your current job or that RLMT was just a fluffy process to give you a job you already do, your visa could be refused.