applying for tier 2 dependent partner(ICT) to tier 2 general

[nitrup]

Hi,

i am from India and having Tier2(ICT) dependent visa which is due to expire in Jan 2013.
i am employed here and my company is willing to give me sponsorship.

i need to know
1)can i switch into tier2 general
2)if yes, then should i to go back to India and apply for fresh visa.


i was reading the rule number
245HB. Requirements for entry clearance

in requirement section they say

The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, regardless of whether he was in the UK during that time.

what does it mean? is it mean i can not apply for an year if i want to switch into tier2 general?

[geriatrix]

Switching means "applying for change in immigration category from within the UK".

[nitrup]

so, can i switch according to my condition. and what about

245HB. Requirements for entry clearance

in requirement section they say

The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, regardless of whether he was in the UK during that time.

what does it mean? is it mean i can not apply for an year if i want to apply for fresh tier2 general visa?

[Greenie]

you do not have leave to enter or remain as a tier 2 migrant, you have leave as a tier 2 dependent.

[nitrup]

Sorry Greenie, but i can not make sense of your reply. can you please elaborate more?

[geriatrix]

What Greenie has stated essentially means that the requirement you refer to does not apply to "dependant of a Tier 2 migrant" but to a "Tier 2 migrant".

And you cannot switch (read the definition I gave above - carefully) but will need to apply for entry clearance from outside the UK on the basis of a restricted CoS.

[nitrup]

oh ok!

i got it, thank you very much Grennie and sushdmehta

[Greenie]

you current status that of a dependent of a tier 2 migrant. You don't have entry clearance/leave as a tier 2 migrant in your own right, therefore the cooling off period does not apply to you.