Tier 2 (General) Visa applying from home country

[ankan.naik]

I work here for an IT company as a Sales Manager in Reading and currently I am on a Tier-2 ICT Visa valid till 2020. My wife works as a software engineer and is on a Tier 2 ICT Dependent Visa. My wife's employer has agreed to sponsor her and the process is now underway. Once that is complete she can go back to India and apply for a ICT General. I have few questions regarding this.

1. Is it preferable for me and my son to apply for the dependent visa from India (along with my wife) or shall we apply from here itself? Does it make any difference w.r.t the decision process.

2. Will I have to resign from my job once I secure the ICT General Dependent Visa as my current visa category is tagged to my employer and they'll need to re-hire me? Or can I continue in the same job while my visa category changes. At what point do I need to inform my employer about the visa change (Before I apply or only when I have the visa in my hands).

I'd appreciate if someone is able to answer these questions please.

[CR001]

Once that is complete she can go back to India and apply for a ICT General. I have few questions regarding this.

She cannot apply for an ICT visa if she has NOT worked for the sponsor in India for at least 12 months. She can only apply for Tier 2 General and the full and proper RLMT process must be completed before she can be issued a CoS. It is very important that this process is done correctly and that there are no settled/BC or EU citizens suitable for the position to avoid it appearing as if your spouse has been 'pre-selected' for the job. The RLMT also cannot be tailored to suit your spouse which then excludes anyone else. She also needs a minimum salary of £30,000pa to qualify for Tier 2 General.

1. Is it preferable for me and my son to apply for the dependent visa from India (along with my wife) or shall we apply from here itself? Does it make any difference w.r.t the decision process.

You can apply in the UK once your spouse returns with a valid Tier 2 General visa. You can apply in person if you choose to.

2. Will I have to resign from my job once I secure the ICT General Dependent Visa as my current visa category is tagged to my employer and they'll need to re-hire me? Or can I continue in the same job while my visa category changes. At what point do I need to inform my employer about the visa change (Before I apply or only when I have the visa in my hands)

No but this is entirely up to your employer if they wish to continue employing you and this is not an immigration related question but something you need to speak to your employer about once you have a Tier 2 dependent visa as you must inform them once you have your dependent visa.

[ankan.naik]

Thank you for the answers. Apologies I meant Tier 2 General Visa and not "ICT General" as stated above.

[ankan.naik]

My wife who is currently on a PBS Dependent Visa (Tier -2 ICT Dependent) here in the UK and recently got a 5 year sponsorship from her employer. She passed the labour test and has received the CoS from her employer. Now she is eligible for applying Tier-2 General Visa from home country.

We are now going to our home country India to apply for her Tier-2 General from there.

Few questions regarding this -

1. Besides the Passport, BRP card, CoS letter, Bank statements, TB Test, UKNARIC certificate for English & Photos, are there any other documents that we'll need to submit?
2. As I am currently on Tier -2 ICT, can I and my child also apply from India along with my wife for Tier 2 General dependent or is it recommended that we come back to the UK and make an in-country application here from the UK?
3. Do I inform my employer once I got the Tier 2 General Dependent Visa or do I have to inform them before making the application? Does my employer have to inform the Home Office regarding change of my visa status or does it happen automatically.

Please if anyone else has gone through the same scenario, kindly guide me.

[CR001]

Please refrain from starting new topics asking the same questions, which I have already answered. I have merged your topics.

1. The online process will tell you what needs to be submitted.

2. You can apply from home country OR you can apply WITHIN the UK once your spouse returns with her new visa.

3. Already answered but YES you must inform your sponsor of your visa change once you have been granted a PBS Dependent visa. You must provide them with proof of your new visa and right to work. Your employer will know what to do.

[ankan.naik]

Thank you very much for answering my questions. Appreciate it.

[ankan.naik]

The only question I am still confused about is - Since my current Tier 2 ICT Visa is valid till May 2020, if I apply for Tier-2 Dependent visa along with my wife's application from India, will they refuse my application since I already have visa to work? Or is it OK to switch to another resident visa while you already have one.

I heard that border clearance from India is difficult than making an in country application in the UK. could you please help?

[CR001]

Since my current Tier 2 ICT Visa is valid till May 2020, if I apply for Tier-2 Dependent visa along with my wife's application from India, will they refuse my application since I already have visa to work?

No. You are applying for a completely different category of visa.

Or is it OK to switch to another resident visa while you already have one.

Yes. Your ICT visa will simply be cancelled if you are issued with a PBS Dependent visa.

I heard that border clearance from India is difficult than making an in country application in the UK.

It can take long yes. Applying within the UK takes 6-8 weeks postal or you can apply in person for a same day decision.