Switching from T2 ICT dependent to T2G

[ss_avinash]

Hi

I moved to UK in April 2017 on ICT - Tier 2 Long Term Dependant visa, whereas my spouse is the ICT Primary visa holder, as i understand from this blog that switching for wife to Tier 2 General is not possible within UK, due to 12 months cooling off period and it can be done after this break from home country India only.

Whereas, as i am a ICT dependant, under the current rules, will i be able to switch to Tier 2 General visa without 12 months cool off period and going to india and staying in UK through a sponsor ?

If yes, will they consider my 5 years period from April 2017 (ICT dependant visa period) for calculating my ILR or is it only from the date i switch from ICT depedant to Tier 2 general visa ?

Kindly clarify the latest rules.

[CR001]

For ILR you need 5 years on Tier 2 General. You cannot combine your ICT dependent time to make up the 5 years.

An application outside the UK is not "switching". You are applying for a new entry clearance visa in a different category.

[ss_avinash]

Thanks for your reply.

Whereas, as i am a ICT dependant, under the current rules, will i be able to change to Tier 2 General visa without 12 months cool off period and by staying in UK through a sponsor ?

[CR001]

12 month cooling off DOES NOT apply to PBS depends applying outside the UK for Tier 2 General.

[ss_avinash]

Ok thanks for your quick response.

Now that you have clarified that 12 months cooling off is not applicable for PBS dependants, I have been offered a job now in UK in my current dependant visa, but my employer has a possibility to change my visa to Tier 2 general in future. In that case, do i need to go back to india to apply Tier 2, obtain a visa and then come back to UK ? OR
Is it possible to apply and change to Tier 2 within UK itself, while i am now on a valid dependant visa which is valid till Aug 2018?

[CR001]

You can only apply for home country and your employer must complete the full and proper RLMT process to prove you have not been pre-selected for the job and that no other Britiah/EU citizen or settled (ILR) person is available for the job.

You will also be required to meet all the standard requirements.

[ss_avinash]

ok, when you say home country is it UK or India ? pls clarify.. if its india then i have go out and come back to UK isn't it ?

Also,I heard that ICT Tier 2 primary visa holder can move to Tier 2 general without 12 months cool off period, if his skill is proven as rare to get in the market in RLMT ? It is possible and true or doesnt apply ?

[CR001]

ok, when you say home country is it UK or India ? pls clarify.. if its india then i have go out and come back to UK isn't it ?

Home country is India.

Also,I heard that ICT Tier 2 primary visa holder can move to Tier 2 general without 12 months cool off period, if his skill is proven as rare to get in the market in RLMT ? It is possible and true or doesnt apply ?

There are only very specific circumstances that a Tier 2 ICT can change to Tier 2 General but not possible with the same sponsor of ICT. See link below. You would need to provide more details regarding your spouse for anyone to offer advice.
uk-tier-2-employer-sponsored-visas/swit ... 88997.html