Change Tier 2 ICT to General with same company

[gaurav0098]

Hi All,

I have been reading and going through forums and couldn't find information which is specific for me.

I was transferred from India to UK on Tier 2 (Inter Company Transfer) Long term staff visa. Certificate of sponsorship was released on 14th June 2012 and I was awarded Tier 2 (ICT) Long term staff visa from 1st Sep 2012 to 1st Sep 2015.

I have a specific question if it is possible to request for a Tier 2 (General) visa with sponsorship of the same company that transferred me? My company will be more than ready to provide this sponsorship. I am the required earning level (Not at £152,000)

Also, my wife is on dependent visa for Tier 2 (ICT) Long term staff dependent visa. Can she get a certificate of sponsorship from her employer and switch to Tier 2 (General) visa?

[jashds]

Your wife can switch but you cannot without a one year cool off. If your wife switches, you can become her dependent and work in the UK without a one year cool off.

[gaurav0098]

Your wife can switch but you cannot without a one year cool off. If your wife switches, you can become her dependent and work in the UK without a one year cool off.

Hello,

thanks for your reply but raises couple of more doubts.

As I understand (please correct me if I am wrong)

1. Wife would need a COS and appropriate salary and job offer letter to apply for Tier 2 General visa and she would need to go back to home country for this? hope this is correct information

2. Do I need to apply for dependent Visa along with her application or I can switch from Tier 2 ICT Long term staff visa to Tier 2 General dependent visa with in UK?

3. If I have worked on Tier 2 (General) dependent visa in UK for 3 years, then can I apply for Tier 2 (General) visa on my own with in UK? or would I need to travel back to home country to apply this.

4. Cooling off period means you are physically out of UK?

Your answers is much helpful and appreciated. Thanks.

[jashds]

1. Wife would need a COS and appropriate salary and job offer letter to apply for Tier 2 General visa and she would need to go back to home country for this? hope this is correct information
--yes, this is right. In addition to this she will also need her company to do a residence labour market test for 28 days before they apply for a COS

2. Do I need to apply for dependent Visa along with her application or I can switch from Tier 2 ICT Long term staff visa to Tier 2 General dependent visa with in UK?
--you need not do it with her...you can switch in the UK once she is back from your home country

3. If I have worked on Tier 2 (General) dependent visa in UK for 3 years, then can I apply for Tier 2 (General) visa on my own with in UK? or would I need to travel back to home country to apply this.
--you can switch from UK

4. Cooling off period means you are physically out of UK?
--nope...it starts from the day your T2 ICT is cancelled.

[gaurav0098]

Hi,

thanks a lot for your reply. So if I have understood it right then

1. Wife would need an employer who has done 28 days RLMT and issued COS. She has to go back to home country and get the Tier 2 (General) visa

2. After she has returned, I can convert my ICT to General dependent within UK

3. The day ICT is cancelled and I am considered Tier 2 General Dependent the cooling off period will start even if I am present in UK and working here

4. When the Cooling off period is over, I can apply for Tier 2 (General) visa on my own.

Please correct if anything above is misunderstood by me.

Also, one last question, when I go for my ILR, the time spent on ICT Long term staff will be counted or will not be counted.

will the time on Tier 2 General Dependent part of ILR count or not?

Thanks for your reply and promise not to bother you even more