Cooling off (Switching from Tier 2 ICT to Tier 2 General)

[rajan2275]

Hi,

I have some questions regarding requirement of cooling off period after switching Visa from Tier 2 ICT Long Term Staff to Tier 2 General Dependent.

1. My wife was on Tier 2 ICT Long Term Staff Visa from Sept-2013 till Jan-2017. I have recently changed my Visa to tier 2 General and my wife has changed her visa to Tier 2 General dependent. Our current visas are valid for 5 years. Does cooling off period still required for my wife at any time? if yes what is period of cooling off?

2. In case, Cooling off not required for case #1. Can she convert to Tier 2 General later on after 1 year? She will work in UK as tier 2 dependent for this period or she will have to go back to home country in any case for cooling off period?

Thanks

[CR001]

1. She is still subject to the 12 month cooling off, which will be calculated from the date her PBS Dependent visa was granted.

2. She can continue to work in the UK but will have to apply for Tier 2 G from home country, assuming she meets all the requirements and the full and proper RLMT process has been completed.

[gag285]

1. If Cooling off period applied to her, she wouldn't have got leave as PBS dependent. In short the cooling off is only applicable to her if she applies for another Tier 2 as a main applicant until Jan 2018.

2. She will have to go to home country to apply for a Tier 2 General in future if she intends to and as stated above, she cannot reapply for a Tier 2 as a main applicant until after 12 months of the expiry of last Tier 2 leave.

[rajan2275]

So, there is no need to go back to home country to serve cooling off period, it can be served in UK also in case the category of Visa changes. As in my wife's case, she converted from tier 2 ICT Long term to Tier 2 general dependent and she can apply Tier 2 general after 1 year (All cooling of period served in UK, Only she will have to go back to apply new visa for month or so). Is this correct?

[CR001]

Correct yes.

[rajan2275]

Thanks a lot for help.