Tier 2 ICT Dependent to Tier 2 General

[androidman]

Hi,

My wife is currently on a dependent visa under "T2 ICT Long Term Staff" issued in Aug'2015.

She recently got a job in the UK and her employer is willing to sponsor the Tier 2 General visa.

Can you please guide on the below?

1. Is it possible to switch her visa to T2 General, while staying in the UK?
2. If it has to be applied from the home country, would she have to leave the job, go back, apply for the visa and then come back?
3. In such a case is there a cooling off period?

What is the easiest way to switch her visa?

[CR001]

1. No, she has to apply from home country.

2. Is the job she is currently doing the same one she is possibly going to be sponsored for? Has the full and proper RLMT process been undertaken? Does the employer have a sponsor licence?

3. Cooling off period is not relevant to dependents applying as Tier 2 G main applicant, assuming of course she has not held her own Tier 2 G visa in the last 12 months.

[androidman]

1. No, she has to apply from home country.

2. Is the job she is currently doing the same one she is possibly going to be sponsored for? Has the full and proper RLMT process been undertaken? Does the employer have a sponsor licence?

3. Cooling off period is not relevant to dependents applying as Tier 2 G main applicant, assuming of course she has not held her own Tier 2 G visa in the last 12 months.

Thanks for the quick response.

It seems the employer does not have the Sponsor licence. What do you suggest as the best way forward in this scenario?

[CR001]

If the employer is not an approved sponsor, then they cannot sponsor her for a visa.

The employer will have to apply to HO for a sponsor licence in order to offer Tier 2 General visa sponsorship.

What is the position/job that your spouse is doing or being offered?

[androidman]

If the employer is not an approved sponsor, then they cannot sponsor her for a visa.

The employer will have to apply to HO for a sponsor licence in order to offer Tier 2 General visa sponsorship.

What is the position/job that your spouse is doing or being offered?

She is working as a product manager in a telecom company and the plan is to continue doing so after switching the visa.

Is it easy to get a sponsor licence? I mean.. would the company even want to go for it just to sponsor her visa.
Is there any alternate available like a company which could act like a middle man and sponsor the visa instead.

[CR001]

She is working as a product manager in a telecom company and the plan is to continue doing so after switching the visa. The company would need to prove with documentary evidence from the RLMT process, that no settled (ILR) worker or British or EU citizen was available or suitable for the job and that she was not 'pre-selected' for the job, which is difficult to prove if she is already in the position. The company would have to submit details of the RLMT such as how many applicants, why they weren't chosen, salary etc.

Is it easy to get a sponsor licence? I mean.. would the company even want to go for it just to sponsor her visa. See UK Visa Sponsorship - Employers (click). It is up to the company whether they choose to go through this process or not, but they cannot sponsor a Tier 2 General if they do not have a sponsor licence and can allocate a CoS after RLMT.

Is there any alternate available like a company which could act like a middle man and sponsor the visa instead. No, contracting or working through a 'third party agency or middleman' is illegal and not permitted on Tier 2 General. She is only allowed to work for the sponsor itself.

What is the reason she cannot continue to work for them on her current dependent visa?