Tier 4 dependent to Tier 2 general

[abhi316]

Hello,
I have a T2 ICT Long term visa valid until 2020. My wife is on tier 4 student visa perusing masters from a London university. I understand I can switch to tier 4 dependant visa without serving cooling period and this can be done within UK. In future, would I be able to switch to a tier 2 general visa if my employer is willing to sponsor me or can I not do that as ICT is valid until 2020 even though I would be on tier 4 dependant.

Thanks

[CR001]

would I be able to switch to a tier 2 general visa if my employer is willing to sponsor me

Yes. You will have to wait the full 12 months on tier 4 dependent visa before you can apply for Tier 2 General from home country.

or can I not do that as ICT is valid until 2020 even though I would be on tier 4 dependant.

If you get a tier 4 dependent visa, your ICT visa will be cancelled.

[abhi316]

Thanks. That helps. I was under the assumption that I would have to wait for an year after my ict visa has expired before applying for tier 2 general. From your response I understand I can apply for tier 2 general after I’ve spent 1 year on tier 4 dependant. Planning to switch to t4 dependent this year so that I can move to t2 general next year. Could you please just advise this is allowed.

Thanks

[CR001]

Yes it is allowed. However, 'switching' refers to applying within the UK. You won't be able to do that, you must apply for a new entry clearance from home country with a restricted CoS once your sponsor has passed all the RLMT etc processes.

[abhi316]

Thanks a lot.

[abhi316]

Hello,
Could you also please confirm if I would have to leave my current employer before I switch to tier 4 dependent or I just need to inform them that I am changing my visa category?

Thanks

[CR001]

I just need to inform them that I am changing my visa category?

This one after your dependent visa is approved. You must submit your new BRP as proof of your right to work.

[abhi316]

Thanks. That’s what my understanding was as well. Just thought I would confirm as my current ict visa would get cancelled.
Appreciate your quick response.

Thanks

[abhi316]

Hello,
I switched to Tier 4 dependant visa in Nov 2018.
My ICT got cancelled as a result. Per our previous conversation I understand I am eligible for T2 General visa after 12 months. Ie after Nov 2019.
Could you please confirm the 12 month period I would be spending counts while working as a t4 dependent.
And there’s no requirement to serve this 12 month period in home country only?

Regards
abhi316

[CR001]

12 months on PBS dependent visa is the 12 month cooling off period.

[abhi316]

Thanks. So I don’t need to serve another 12 months in my home country. That’s what my understanding was but the immigration team advised other wise.
Could you please share any link/ guideline from gov.uk I can use to take this forward. I think they are confusing the t2 to t2 switch where cooling off in your home country is required.

Regards
abhi316

[CR001]

Thanks. So I don’t need to serve another 12 months in my home country. That’s what my understanding was but the immigration team advised other wise.
Could you please share any link/ guideline from gov.uk I can use to take this forward.

The Immigration Rules part 6a (245HB (g)(i)) clearly state that you cannot have held any Tier 2 visa in the 12 preceding months when applying for entry clearance Tier 2 General.

https://www.gov.uk/guidance/immigration ... sed-system

(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:
(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or

I think they are confusing the t2 to t2 switch where cooling off in your home country is required.

Do you mean Tier 2 ICT to Tier 2 General??? Tier 2 General to Tier 2 General does not have a cooling off period if applying within the UK.

[abhi316]

Thanks a lot. Sorry I meant they are confusing ict t2 to t2 general rule where you need to server 12 months cooling period in home country.
Appreciate your help and quick response.

Regards
abhi316