Tier 2 General Offshore and Office???

[u01xm11]

Hi Experts,

I came to UK on October 2013 with TIER 2 (GENERAL) MIGRANT VISA sponsored by my employer. During this 3.5 years, I have been working in both offshore and office. Last year, i got married to my wife who is a British. However, I didnt want to change my visa to Dependent Visa as the 5 years clock will be reset. (To get the IDLR) Hence, I keep working in UK with my initial TIER 2 GENERAL Visa.

Recently, I got promoted to another grade in the same company. While handling the promotion process, I was informed that my TIER 2 General Visa is an Offshore visa and to get to the next grade, I need to have a TIER 2 General Office visa. Because this, I was asked to use my wife's British status to get myself a dependent visa and the company will pay for the dependent visa to continue working in this company.

My question are:
1. Is there such thing as TIER 2 General Offshore or TIER 2 General office?
2. Even if i got promoted to another position or grade in the same company, can I not use the same TIER 2 GENERAL Visa to continue work in this company until the end of the visa? (This visa will be expired in 2018)
3. What is the motive of the company to ask me to switch from TIER 2 GENERAL Visa to Dependent Visa?
4. If i refuse to change to dependent visa, what can I do?

All immediate reply or help are highly appreciated.

[CR001]

1. Is there such thing as TIER 2 General Offshore or TIER 2 General office?

No there is not. You only have Tier 2 General and Tier 2 ICT. For Tier 2 General, you are required to work in the UK.

2. Even if i got promoted to another position or grade in the same company, can I not use the same TIER 2 GENERAL Visa to continue work in this company until the end of the visa? (This visa will be expired in 2018)

Yes you can IF your employer is still a registered sponsor and is prepared to sponsor your visa. For a promotion to a different SOC, the full and proper RLMT process is required BEFORE offering your the job.

3. What is the motive of the company to ask me to switch from TIER 2 GENERAL Visa to Dependent Visa?

They don't have to pay the skills surcharge maybe?

4. If i refuse to change to dependent visa, what can I do?

Nothing. Your employer can withdraw sponsorship of your visa at any time and terminate your employment.

[CR001]

In the link below you posted on 2nd December 2016, you stated you have been on a Tier 2 ICT visa since 2012??

uk-tier-2-employer-sponsored-visas/visa ... l#p1428566

It is really important that you provide accurate information and circumstances so that we don't waste our time giving advice when what you post is not a true representation of the facts.

[u01xm11]

Hi,
This is my genuine post. The previous post was my colleague's case, she doesnt have an account on this forum. Hence, she used my user name to post thread.

[CR001]

Hi,
This is my genuine post. The previous post was my colleague's case, she doesnt have an account on this forum. Hence, she used my user name to post thread.

Suggest in future ask friends/colleagues etc to register on the forum and post their own questions.

[u01xm11]

Hi ,

Apology for that, i was just thinking about helping my colleague, same with everyone's motive in this forum.

I would like to ask for another question again if I may, hope you can enlighten me.

Now that the HR of the company wants me to change my Tier 2 General Visa to Tier 2 ICT Visa because I have changed my job role from a offshore worker to office worker. Even if I am not going offshore anymore, do I need to change my Tier 2 General Visa to Tier 2 ICT Visa? I was informed that it could be a law offense if I work in the office with the same Tier 2 General Visa I got initially. In fact, I am still working in the same company but just different role.

Basically, I am given two option, get a dependent visa or change to a Tier 2 ICT visa. I need to find evidence to prove that I can still work in the office with my Tier 2 General Visa.

Thank you

[CR001]

Your colleague is supposed to work in the UK (in an office if that is where the job is based) on a Tier 2 General visa. There is no difference between in this respect between Tier 2 ICT and Tier 2 General.

What evidence do you need? I wonder if your sponsor even knows what they are doing or if they are even a genuine sponsor!!

She cannot change to ICT if she has not worked for the sponsor in her home country for 12 months.

ICT also does not lead to ILR.

[u01xm11]

Hi CR001,

You made a very good point here!

Quoting your statement that " She cannot change to ICT if she has not worked for the sponsor in her home country for 12 months". Where can I find this information or fact? UK GOV Webpage? UK was the first location where i worked with this company and I have only been working with this company in the UK only. So, the option of switching to Tier 2 ICT is just a threat from the employer so I would choose the option of getting a dependent visa. I think this could be the motive of the employer to save the cost on continue to sponsor the Tier 2 General Visa.

[poper]

https://www.gov.uk/tier-2-intracompany- ... a/overview

Long-term Staff

This visa is for transfers of more than 12 months into a role that can’t be filled by a new UK recruit.

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.

[CR001]

Arguments aside, if you could switch to ICT, which is unlikely, this visa does NOT lead to ILR. You will not be able to settle.

If the company doesn't want to sponsor you for a Tier 2 General, then apply for a spouse visa.

[u01xm11]

Thank you very much CR001, this is really helpful!