Tier-2 ICT to Tier-4 dependant and afternoon Cool off back to Tier-2 ICT main

[sushil246]

Hi All,

I have been in UK on Tier2 ICT main applicant for 5 years and after that I have moved to Tier4 dependant to my wife in education now. I have one question if I continue with same employer then after 1 year of cool off in UK as dependant can My UK employer apply for Tier -2 ICT main applicant for me so that I can complete 10 years in Uk with same employer with 5 years and tier 2 ICT and 1 year om tier4 dependant and 4 years again in tier2 ict main.

[CR001]

You have to apply from home country for tier 2 after 1 year as pbs dependent.

You should look at tier 2 general which won't have the requirement of working for your sponsor in your home country for 12 months before applying for ICT, not UK employment as then you are not an ICT migrant.

https://www.gov.uk/tier-2-intracompany- ... orker-visa

Long-term Staff
Apply for this visa if you’re transferring into a role that requires you to have had previous experience working for the company.

You’ll need to have worked for your company for more than 12 months, unless they’re going to pay you £73,900 or more a year to work in the UK.

https://www.gov.uk/tier-2-intracompany- ... st-provide

[sushil246]

Ok thanks for reply, but is it possible for employer to apply tier-2 ICT after one year being in tier-4 dependant in UK. I understand that from Home country the dependant to Main applicant can be done?

[SKJ1984]

I think Tier 2 ICT requires you to be employed by the organisation for 12 months prior to applying visa. You won't fulfil this requirement if you are in UK as tier 4 dependent. Your idea won't work.

[sushil246]

This assumption that immediately working for 12 months out of UK before applying to UK ICT for 12 months is not correct. The person should have worked in same employment for 12 months in offshore. There have been cases where person was here in Uk on tier2 ICT dependent visa for 5 years and immediately company changed his visa to tier2 ICT main applicant without serving one year again in offshore. That’s why I asked this question in this forum.

[SKJ1984]

Then this might be an assumption by most software consulting firms who send their employees to UK in ICT.

Atleast this what their Visa cell tell their employees who ask for overseas opportunities on joining

Again I firmly believe this is a real requirement unless the salary is above a certain threshold.

Let's hear from experienced mods.
And if this route is feasible it would have been explored by 1000s of people by now.

[SKJ1984]

Just attached the requirement for ICT proof of work in home country for 12 months.
Pls go through it.

[sushil246]

Yes, I saw this table earlier and it does only mention 12 months offshore, which is available in case person came first time in ICT. There is no such requirement to again do 12 months in offshore. The example I gave above also proves that spouse of ICT main applicant did go to tier 2 ict main after 5 years without serving 12 months again after 5 years in uk. Let’s hear from experienced people in the group.