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Switching from Tier2 ICT Dependant to Tier2 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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qry
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Joined: Fri Jul 28, 2017 4:38 pm

Switching from Tier2 ICT Dependant to Tier2 General

Post by qry » Fri Jul 28, 2017 4:58 pm

Hello,
Firstly, thank you for making this forum available for various immigration related queries.

Here is my case:
I have lived in UK since January 2012 till now(July 2017) on Tier 2 ICT Long Term Staff Dependant Visa.
Type of Permit on my BRP is : PBS Dependant Leave to remain, valid until December 2018.

I am working for an employer, who is eligible to provide Tier 2 General Sponsorship. I joined this employer in January 2017 and have been working with them using my dependant visa.

My employer is willing to provide certificate of sponsorship and I am planning to travel to India in December 2017 to apply for Tier2 General.

My Query is:
1) Is this Visa Application allowed ? I would have already worked for the same employer for about 1 year with dependant visa. Please note that the Job advert against which I was employed was advertised for more than 1 month on a website.
2) If the Tier2 General Visa application gets rejected, would I still be allowed to enter UK in Jan 2018 on my other Visa (PBS Dependant valid until Dec 2018.)

Thanks !

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CR001
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Re: Switching from Tier2 ICT Dependant to Tier2 General

Post by CR001 » Fri Jul 28, 2017 5:20 pm

1. Yes it is allowed. RLMT cannot be older than 6 months when you apply for Tier 2 general. So if it was done a year ago, they will have to do it again before they can offer you the position and issue a CoS. They have to prove you are not pre-selected.

2. Your current visa will remain valid if your tier 2 general is refused.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

qry
Newly Registered
Posts: 11
Joined: Fri Jul 28, 2017 4:38 pm

Re: Switching from Tier2 ICT Dependant to Tier2 General

Post by qry » Mon Jul 31, 2017 11:18 am

Thank you CR001 for your reply.

Further to your advise on query 1 :
a) Would this mean that my employer has to advertise my job position again and I will have to re-apply and clear the recruitment process again before December 2017.

b) If Yes, Can I apply for the advertised job position while I am still working for the same employer.

c) Provided I clear the 2nd recruitment process (say in September 2017) and switch from my old job position to new job position in October 2017, can the Visa still be applied in December 2017.

d) My employer keeps posting the same job advert almost every three months and the last one ended in June 2017. Can this advert be used for my Visa application in first week of December 2017 ? Please note that the position was not filled against this advert and I was recruited against a previous advert which ended in October 2016

Thanks for your help ! :)

qry
Newly Registered
Posts: 11
Joined: Fri Jul 28, 2017 4:38 pm

Re: Switching from Tier2 ICT Dependant to Tier2 General

Post by qry » Thu Aug 03, 2017 10:11 am

Hi,

Apart from the above queries, please could you let me know exactly what documents my employer has to provide to prove that I have not been pre-selected for the job.

Thanks !

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