ICT Dep. to Tier2Gen - which Visa to use to enter in UK

[abhjieet4u]

Hi,
My wife is applying for Tier2 General from ICT dependent, the employer where she currently works, has issued the COS and asked to file Visa by ourself, can anyone please advise on the following:

1. Can applicant enter in the UK before the New tier2 general Visa validity date, that is entering on ICT dependent Visa which is still valid?

Scenario:
New employment start date: 1st November
ICT dependent Visa valid till 12 Dec
Tier-2 General Visa application date 1st Oct from home country (priority service)

I understand that Tier 2 general Visa will be valid from 15 Oct, at-most 15 days before the employment start date, then can employee travel back to the UK on existing ICT dependent visa around 10th October?

the other questions I have are:
2. does she need a new offer letter?
3. Is police clearance certificate required for an IT professional? if yes how to get that?
4. Are the other documents like Maintainance letter and Cover letter with explanation for employing the existing employee on the new job needed?

Thanks,
Abhi

[CR001]

1. Can applicant enter in the UK before the New tier2 general Visa validity date, that is entering on ICT dependent Visa which is still valid?

Scenario:
New employment start date: 1st November
ICT dependent Visa valid till 12 Dec
Tier-2 General Visa application date 1st Oct from home country (priority service)

I understand that Tier 2 general Visa will be valid from 15 Oct, at-most 15 days before the employment start date, then can employee travel back to the UK on existing ICT dependent visa around 10th October?

As mentioned, the ICT Dependent visa will be cancelled when the Tier 2 General is issued. She must enter the UK on her Tier 2 General (to activate the visa) and to get the visa vignette stamped on entry as she will need this to collect her BRP card at the Post Office.

2. does she need a new offer letter?

No.

3. Is police clearance certificate required for an IT professional? if yes how to get that?

Probably not, but likely best to get it as a member was recently refused for not having a PCC from home country.

4. Are the other documents like Maintainance letter and Cover letter with explanation for employing the existing employee on the new job needed

A cover letter is NOT required. Presumably RLMT has been done and HO approved the RCoS. Do not submit documents you THINK that HO might want to see. Keep it simple and only submit what is required. Is the employer certifying maintenance and has this been ticked on the CoS??

[abhjieet4u]

1. Can applicant enter in the UK before the New tier2 general Visa validity date, that is entering on ICT dependent Visa which is still valid?

Scenario:
New employment start date: 1st November
ICT dependent Visa valid till 12 Dec
Tier-2 General Visa application date 1st Oct from home country (priority service)

I understand that Tier 2 general Visa will be valid from 15 Oct, at-most 15 days before the employment start date, then can employee travel back to the UK on existing ICT dependent visa around 10th October?

As mentioned, the ICT Dependent visa will be cancelled when the Tier 2 General is issued. She must enter the UK on her Tier 2 General (to activate the visa) and to get the visa vignette stamped on entry as she will need this to collect her BRP card at the Post Office.

2. does she need a new offer letter?

No.

3. Is police clearance certificate required for an IT professional? if yes how to get that?

Probably not, but likely best to get it as a member was recently refused for not having a PCC from home country.

4. Are the other documents like Maintainance letter and Cover letter with explanation for employing the existing employee on the new job needed

A cover letter is NOT required. Presumably RLMT has been done and HO approved the RCoS. Do not submit documents you THINK that HO might want to see. Keep it simple and only submit what is required. Is the employer certifying maintenance and has this been ticked on the CoS??

Yes RLMT has been done RCoS is recieved on 12th sep. It's just a number given by employer inserted of CoS document.
Maintanence is ticket in cos and if needed can give the certification for the same as well. Just need to request them for this.

Query for cover letter was because of following:
The salary mentioned in cos it's 1100 less then the requirement probably CoS approved on the basis of less working hours (35 hrs per week). To clarify this in cover letter.
And as my wife is existing employee and moving into new role in general tier, if any justification needed for this can be included in cover letter.
Please confirm, if the both points above can be ignored.

[CR001]

If they have certified maintenance, then nothing extra is needed other the what has been provided and the CoS number.

You do NOT need to do a cover letter. Don't over complicate things.

[abhjieet4u]

Thanks a lot for the clarification!! Will keep you posted.

[abhjieet4u]

Update: Application was successful and received the stamped passport last week.

Thanks, everyone for the help.

[Okay1678YT]

Hi Experts,

We are in similar situation. My wife is now applying for her visa from home country. I have concerns with start date of employment, which is first week of January 2020 as mentioned on the CoS.
In this case, if she applies now, what approximate date she will get to entry in the UK? We thought apply soon will be good, but as here mentioned, applicant gets visa start date as at most 15 days before CoS start date, does it mean we will get start date from mid of December?
Is there any documentation available for this?
Please advice.

[SKJ1984]

Hi Experts,

We are in similar situation. My wife is now applying for her visa from home country. I have concerns with start date of employment, which is first week of January 2020 as mentioned on the CoS.
In this case, if she applies now, what approximate date she will get to entry in the UK? We thought apply soon will be good, but as here mentioned, applicant gets visa start date as at most 15 days before CoS start date, does it mean we will get start date from mid of December?
Is there any documentation available for this?
Please advice.

https://assets.publishing.service.gov.u ... FINAL1.pdf

Entry Clearance
Entry clearance will be granted with effect from 14 days before the start date of
the job you are being sponsored to do in the UK as stated on your Certificate of
Sponsorship.
If entry clearance is being granted less than 14 days before the start date of your
CoS, it will be granted with immediate effect.
Alternatively, if you state the date you intend to travel to the UK on your visa
application, entry clearance can be granted with effect from 7 days before this date.
However, your intended travel date can be no later than 14 days after the start date of
your CoS.


You can give an intended travel date in case you plan to be in UK early. But never confirm or book tickets the travel before you get the visa in hand.
The start dates doesnt matter much if you dont intend to plan your travel before your visa decision

[Okay1678YT]

Hi,

I appreciate your help in this matter. We are hoping that application should be fine

In my case, we are giving expected travel date as 21st November 2019 and my wife is planning to apply by 25th October 2019. As mentioned in Policy Guidance, do you think this can be granted based on CoS start date is 3rd January 2020? I am bit confused with below two points made in policy document. As per these points, the visa should be grant 7 days before 21st November.

Entry clearance will be granted with effect from 14 days before the start date of
the job you are being sponsored to do in the UK as stated on your Certificate of
Sponsorship.
Alternatively, if you state the date you intend to travel to the UK on your visa
application, entry clearance can be granted with effect from 7 days before this date.

[SKJ1984]

I have just pointed out the documentation available on this matter.
TBH I am not sure what would be the outcome. It could be caseworkers decision.

A small request to you to come back and update after the outcome to help others in future.

Also you can go to out of country timelines post and pick dates and check for your scenario to see what was given in past.

[Okay1678YT]

@SKJ1984 You were right regarding start date on vignette, my wife got visa now and her start date is 20th December 2019.

I have another query though, can I now apply for dependent visa from UK regardless main applicant is not yet in UK.?

[SKJ1984]

Yes You can . Use the brp letter and vignette as proof

[Okay1678YT]

Oh, that's great! Thank you again for your guidance on this matter.

[SKJ1984]

Make sure you meet maintenance requirements for dependents.