Can I switch from Tier 2 Dependent to Tier 2 ICT

[rohitksharma01]

1) I was already having a Tier 2 dependent VISA when I moved to UK from India
2) Started working for same company which I was working earlier for, but joined in a new role and new team.
3) I did not asked for a Visa as I already had one.

Having stated above.

Now I am looking to get Tier 2 ICT Visa or a Tier 2 General Visa and my company is ready to sponsor me.
1) What are my options ? Should I apply for Tier 2 ICT or Tier 2 General ?
2) Do I need to leave UK and Apply for Tier 2 general as my Dependent Visa is expiring in April 2017 ?

Please advice!!

Thanks,
Rohit

[vinny]

1. Tier 2 ICT does not directly lead to settlement.
2. Yes. However, qualifying period for settlement under this category will be reset.

Why don't you remain as a PBS dependant until you qualify for ILR? There doesn't appear to be any advantages for you to change category, if you will be eligible for ILR as a dependant sooner.

[rohitksharma01]

My wife's visa is getting expired and she has not got a sponsor yet, hopefully she will find it.

But as backup I have asked my organisation for a sponsorship.

Haven't given much thought to ILR at the moment. Just want to keep our options open.

So I am assuming that I have an option to apply for Tier 2 General or ICT from home country ?

[CR001]

You can't apply for Tier 2 ICT. This requires you to work for your employer in your HOME country for 12 months before you can apply for it.

You can only apply for Tier 2 General provided that your sponsor has completed the full and proper RLMT process and you meet all the other requirements.

[rohitksharma01]

You can't apply for Tier 2 ICT. This requires you to work for your employer in your HOME country for 12 months before you can apply for it.

You can only apply for Tier 2 General provided that your sponsor has completed the full and proper RLMT process and you meet all the other requirements.

Well, I am working with this employer for overall 7 years and continuous for last 4+ years including 10 Months in the UK.

Does that account for employed for 12 months in home country ?

Can I ask my organisation to request for an exception from RLMT explaining the situation and I am already working for the company ?

[CR001]

You can't apply for Tier 2 ICT. This requires you to work for your employer in your HOME country for 12 months before you can apply for it.

You can only apply for Tier 2 General provided that your sponsor has completed the full and proper RLMT process and you meet all the other requirements.

Well, I am working with this employer for overall 7 years and continuous for last 4+ years including 10 Months in the UK.

Does that account for employed for 12 months in home country ? No. Working 12 month in home country is a mandatory requirement for Tier 2 ICT.

Can I ask my organisation to request for an exception from RLMT explaining the situation and I am already working for the company ? No. RLMT will have to be 200% done properly to prove you have not been 'pre-selected' and that no British/EU or ILR person is available for the job.

[rohitksharma01]

Thank you so much for your advice. It's really insightful.

Cheers!!

[rohitksharma01]

Hi,

I applied for Tier 2 ICT long term staff and my 12 months term at office before dependent visa was considered.

I had to apply it from home country and got my visa.

Thanks for the advice guys.

Cheers!!