Switch to Tier 2 General from PBS Dependent (Dependent of Tier 2 ICT Staff)

[Vikash_Pradhan]

Dear Experts,

Need advice on the following situation.

I am currently in UK with a Tier 2 ICT Long Term Visa and my spouse (wife) is on the respective dependent Visa (stated as PBS Dependent on BRP). Visa applied 2017.
My questions is:
1. If my spouse takes up a job and the employer agrees to provide a sponsorship, will she be able to apply for a Tier 2 General VISA and give up her PBS dependent visa.
2. If the above condition is applicable, Can she apply from within the UK, or she has to move back to the home country to apply.
3. Will there be any cooling period applicable, if the Tier 2 General VISA can't be applied within UK.
4. If the VISA can be applied from UK, can she take up the employment with the dependent VISA and then switch to Tier 2 General to avoid any time gap between joining the employer and switch of VISA.
5. With the change of VISA circumstances, does NINo also need to be reapplied?

Thanks.
Vikash.

[CR001]

1. If my spouse takes up a job and the employer agrees to provide a sponsorship, will she be able to apply for a Tier 2 General VISA and give up her PBS dependent visa.

Yes, provided the sponsor has completed the full and proper RLMT process BEFORE offering her the job and issuing a CoS.

2. If the above condition is applicable, Can she apply from within the UK, or she has to move back to the home country to apply.

No she cannot apply within the UK. She must apply from home country.

3. Will there be any cooling period applicable, if the Tier 2 General VISA can't be applied within UK.

There is NO cooling off period for PBS Dependents.

4. If the VISA can be applied from UK, can she take up the employment with the dependent VISA and then switch to Tier 2 General to avoid any time gap between joining the employer and switch of VISA.

She cannot switch within the UK. She is allowed to do any employment on her PBS Dependent visa.

5. With the change of VISA circumstances, does NINo also need to be reapplied?

She needs the NINo to be able to work.

[Vikash_Pradhan]

Thank you my friend CR001.

Thank you for the detailed answer.

A few question which also popped up during our discussion.

1. Currently our child holds the PBS dependent Visa on my Tier 2 ICT Visa. If my spouse (wife) move to our home country and applies for a Tier 2 General Visa. Can my son travel back from my home country with the same PBS visa or he has to hold the respective dependent VISA as her accompanying mother. I will not be able to travel back with them.

2. If our son can travel back with his existing PBS visa, then can I (husband) and the child surrender the Tier 2 ICT VISA and go for my wife's dependent VISA.

3. In above case, will there be any problem with my employment or employer.

Thanks,
Vikash.

[CR001]

1. Currently our child holds the PBS dependent Visa on my Tier 2 ICT Visa. If my spouse (wife) move to our home country and applies for a Tier 2 General Visa. Can my son travel back from my home country with the same PBS visa or he has to hold the respective dependent VISA as her accompanying mother. I will not be able to travel back with them.

Child should be fine to travel on existing visa as long as it is valid.

2. If our son can travel back with his existing PBS visa, then can I (husband) and the child surrender the Tier 2 ICT VISA and go for my wife's dependent VISA.

Yes.

3. In above case, will there be any problem with my employment or employer.

Not immigration related and would be up to your employer entirely. You can work for them if you switch to PBS Dependent, but that would depend on them if they wish to retain you.

[Vikash_Pradhan]

Thank you so my Mr./ Ms. CR001.
I really appreciate the time that you put in while answering the questions. Cheers.

[CR001]

Thank you so my Mr./ Ms. CR001.
I really appreciate the time that you put in while answering the questions. Cheers.

I am a 'Ms'

Feel free to ask any further questions in this topic, should you have any.