Change from Tier-2 ICT long term to Tier-2 General

[MuskanS]

Hello Friends,

This is an enquiry about Tier-2 ICT long term visa validity. I am on a Tier 2 general visa .

My husband is on a Tier 2 Intra company transfer visa , which is valid until Jan 2018. My son is on a dependent visa on my husband.

My husband needs to go back to the home country as his project is getting over by this year end , and after some time he is going to apply as my dependent. Also, I am planning to apply for my son's visa as a dependent on myself. I wanted to check - before I reapply for my son's new dependent visa , how long can my son stay on my husband's dependent visa? Is it :-
1) Until my husband's current visa is valid ( Jan 2018)
2) Until my husband applies for a new visa which is granted
or
3)Is there any time period within which, once the main holder who is on Tier 2 Intra company transfer visa leaves UK (in this case my husband) , the dependents must apply for a new visa.

[moonlight55]

If your husband is moving back to home country permanently, his employer has to inform about his relocation to UKVI and his visa will cease to exist after this. In that case, even the dependent's visa will become invalid.

My view is that you should apply for your son's dependent visa on/before his travel date to avoid issues later.

[MuskanS]

If your husband is moving back to home country permanently, his employer has to inform about his relocation to UKVI and his visa will cease to exist after this. In that case, even the dependent's visa will become invalid.

My view is that you should apply for your son's dependent visa on/before his travel date to avoid issues later.

Thank you very much for your reply.

[MuskanS]

Hi friends,

At present I'm on Tier-2 ICT long term (leave to remain) and I entered into UK on 3rd of Jan 2015. My current visa is valid till Feb-2018. Now my current employer is planning to employ me at UK i.e. he is giving me a permanent role in UK. My questions are:

(1) Can I change my visa from Tier-2 ICT to Tier-2 General for the same sponsor (company) within UK or do I need to go to my home country?
(2) If the answer for above question is no then does any cooling period applicable for me?
(3) Before my company switch the visa and give me the permanent employment do they need to advertise my job in UK for 28 days?

Also would like to share that my husband has his own Tier-2 General from his sponsor. So :

(1) will it be easy to switch to his dependent and move into permanent role with my current employer ?
(2) And does in this case also my current employer has to advertise the job for 28 days?

My many thanks in advance. Please if you can share the relevant links from gov.uk website.

Regards,
MuskanS

[CR001]

(1) Can I change my visa from Tier-2 ICT to Tier-2 General for the same sponsor (company) within UK or do I need to go to my home country?

No you have to apply from home country.

(2) If the answer for above question is no then does any cooling period applicable for me?

Yes, 12 months cooling off period.

(3) Before my company switch the visa and give me the permanent employment do they need to advertise my job in UK for 28 days?

You cannot 'switch'.

Also would like to share that my husband has his own Tier-2 General from his sponsor. So :

(1) will it be easy to switch to his dependent and move into permanent role with my current employer ? Yes, you can apply for this WITHIN the UK, no need to go back home and no cooling off period if you apply as Tier 2 Dependent on your spouse.

(2) And does in this case also my current employer has to advertise the job for 28 days? No, not if applying for a Tier 2 dependent visa.

[MuskanS]

(1) Can I change my visa from Tier-2 ICT to Tier-2 General for the same sponsor (company) within UK or do I need to go to my home country?

No you have to apply from home country.

(2) If the answer for above question is no then does any cooling period applicable for me?

Yes, 12 months cooling off period.

(3) Before my company switch the visa and give me the permanent employment do they need to advertise my job in UK for 28 days?

You cannot 'switch'.

Also would like to share that my husband has his own Tier-2 General from his sponsor. So :

(1) will it be easy to switch to his dependent and move into permanent role with my current employer ? Yes, you can apply for this WITHIN the UK, no need to go back home and no cooling off period if you apply as Tier 2 Dependent on your spouse.

(2) And does in this case also my current employer has to advertise the job for 28 days? No, not if applying for a Tier 2 dependent visa.

Thank you very much CR001 for your prompt response. This is very helpful. One last question or say kind of reconfirmation of my one of the previous question ...:

(1) would like to reconfirm that if I'm moving as dependent (Tier-2 General dependent) onto my husband, in that case my employer doesn't have to advertise the job and can directly offer me the permanent role??

[MuskanS]

Thank you very much CR001 for your prompt response. This is very helpful. One last question or say kind of reconfirmation of my one of the previous question ...:

(1) would like to reconfirm that if I'm moving as dependent (Tier-2 General dependent) onto my husband, in that case my employer doesn't have to advertise the job and can directly offer me the permanent role??

[CR001]

(1) would like to reconfirm that if I'm moving as dependent (Tier-2 General dependent) onto my husband, in that case my employer doesn't have to advertise the job and can directly offer me the permanent role??

Correct. You are free to work for any employer as a Tier 2 General dependent. The ONLY restriction you will have is that you are not permitted to work as a doctor or dentist in training.

[MuskanS]

Thank you CR001. Much appreciate your prompt response. Things are getting much clear now. I just had a discussion with my employer here in UK with all these information and he said what if I continue on the same visa (ICT long term) and if he take me here in UK on permanent role and as obvious I told that certainly after 5 yrs I need to go back to home country and then would not be able to come back to UK for next 12 months(cooling off period) , so that is the one major risk.

However also wanted to check :

(1) Is this legal if I continue here on the current Tier-2 ICT long term visa and accept the permanent offer?
Is this legally allowed? OR is it that I have to have a Tier-2 General visa to become a permanent employee here.
(2) Does company needs to advertise this job for 28 days?

Thanks a lot once again.

[CR001]

As far as I understand, to remain in the UK on ICT visa, you have to remain employed as such with the company in your home country. To change to Tier 2 General, 12 month cooling off will be applicable to you.