Change of employment - 2nd time

[amanlamba1]

Hi,

Can you please advise me on this one?

My wife came to UK on Tier 2 ICT short term Visa through her employer. And I came to UK on Tier 2 general Visa through my employer. After 3 months she switched to my dependent Visa (Tier 2 general dependent) and changed her employer. Now we want her to apply for her own Tier 2 General Visa from her current employer. Questions:
1. She need restricted or unrestricted COS from employer?
2. Any cooling off period applies on her?
3. Can she apply from UK or need to back to home country?
4. Assuming it's unrestricted COS. Can her employer apply for more COS mid year if their current limit for this year is exhausted?

Many thanks

Regards
Aman

[CR001]

1. Restricted. She has to apply outside the UK. Full and proper RLMT process must be completed to prove she is not 'pre-selected'.

2. Depends on the date she got her Tier 2 Dependent visa, you don't state this. She needs to be on dependent visa for 12 months before she can apply for her own Tier 2 General from home country.

3. Home country.

[amanlamba1]

Many thanks for responding. Further to your questions:
1. Her job qualifies for 'shortage occupation list', but her salary is less than GBP159,000. I hope in that case RLMT process is not required?
2. She got Tier 2 ICT short term Visa on 12 July 2016, valid till 15 July 2017. But she switched to Tier 2 dependent (general) Visa on 12 Oct 2016, valid for 5 years. But now we need her to apply her own Tier 2 General Visa. So no cooling period applies?
3. Thank you.
4. So she needs restricted COS. Which has an yearly limit country wise and decided on 11th of every month. There is no company-wise limit?

Many thanks once again.
Regards
Aman

[CR001]

She appears to have passed the 12 months cooling off period, so should be ok to apply from home country.

[amanlamba1]

Hi,
One more query please:
If her Tier 2 general Visa application is rejected after getting COS, does she also loose her BRP for Tier 2 dependent Visa? Assuming she needs to submit her current BRP during this visa application.
Many thanks your time.
Regards
Aman

[CR001]

does she also loose her BRP for Tier 2 dependent Visa?

No.

[amanlamba1]

Many thanks for responding.
Regards
Aman