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Switching from Tier 2 (ICT) Dependant to Tier 2 General

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Madness
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Switching from Tier 2 (ICT) Dependant to Tier 2 General

Post by Madness » Sat Jun 24, 2017 12:01 am

Hi,

I am on Tier 2 ICT (Long Term Established Staff) visa which is valid till Sept 2018.
My Spouse is here with me in UK on a Tier 2 (ICT) Dependant Visa.
My wife has a Job in London and would like to switch to the Tier 2 (General) Visa fro Tier 2 (ICT Dependant) Visa. Her employer is ready to sponsor her and also give her a CoS.

Could you let me know the below:
1) Can she switch from a Tier 2 (ICT Dependant) to Tier 2 General Visa?
2) Can this switch be done from London or she will have to go to the Home Country?
3) At this time, she does not need a CoS as she is on dependant visa, but for switching, what CoS would she require (Restricted or Unrestricted)?
4) Can her employer issue a CoS to her as she is already in an employment with them on dependant visa?
5) Will they (employer) have to a Job Test before they can issue a CoS or since this is for a existing job which she is already employed in - can they directly issue a CoS without a job test?

Can you throw some light on the complete process that She and the employer needs to undertake for this.

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CR001
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Re: Switching from Tier 2 (ICT) Dependant to Tier 2 General

Post by CR001 » Sat Jun 24, 2017 12:50 am

1. She can apply for a Tier 2 G if she meets all the requirements

2. Home country.

3. Restricted.

4. Yes, provided they have completed all the necessary mandatory requirements.

5. Yes, RLMT is mandatory before they can issue a CoS to prove no BC/EU citizen or ILR person is suitable to do the job. The difficulty they will have is to proved that your wife has not bee 'pre-selected' for the job as she is already an employee. Expect the RLMT and visa application to be heavily scrutinised and possibly delayed.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

praty888
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Joined: Mon Oct 09, 2017 9:41 pm
India

Re: Switching from Tier 2 (ICT) Dependant to Tier 2 General

Post by praty888 » Thu Apr 05, 2018 6:24 pm

Hi Madnes,
was your wife able to switch to Tier-2 General?

We have a similar situation and my wife's employer is ready to sponsor her.

What were the challenges did you face?

Thanks
Praty

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Casa
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Re: Switching from Tier 2 (ICT) Dependant to Tier 2 General

Post by Casa » Thu Apr 05, 2018 6:29 pm

praty888 wrote:
Thu Apr 05, 2018 6:24 pm
Hi Madnes,
was your wife able to switch to Tier-2 General?

We have a similar situation and my wife's employer is ready to sponsor her.

What were the challenges did you face?

Thanks
Praty
You may have long wait for reponse (if any). Madnes hasn't visited the forum for almost a year. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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