Tier 2 (ICT Long Term Staff partner) to Tier 2 General

[r3288]

Hi,
I am currently on Tier 2 Long Term ICT migrant visa and my wife has a spouse visa (Tier 2 ICT Long Term Staff Partner). We are from India.
I want to know:
1. If it is possible for my wife to get a Tier 2 general visa? Does she need to go outside UK? Is there a cooling off period?
2. If it is possible for me to switch to a Tier 2 general visa? Can I apply from within UK? Is there a cooling off period?
3. If my wife is able to get a Tier 2 General visa, for me to get a dependent visa, do I need to cancel my current visa or does that happen automatically when I get a new one??
4. Is it better for both of us to apply together or should I apply after she gets hers?

Thanks for your help.

[jashds]

1. If it is possible for my wife to get a Tier 2 general visa? Does she need to go outside UK? Is there a cooling off period?
yes. your wife can get a tier 2 general visa which she needs to apply from India and there is no cool off for her

2. If it is possible for me to switch to a Tier 2 general visa? Can I apply from within UK? Is there a cooling off period?
no. you cannot switch without a cool off within or outside UK. You have to serve a one year cool off to be eligible for a t2 general visa.

3. If my wife is able to get a Tier 2 General visa, for me to get a dependent visa, do I need to cancel my current visa or does that happen automatically when I get a new one??
it happens automatically when you become her dependent and are issued a t2 general dependent visa.

4. Is it better for both of us to apply together or should I apply after she gets hers?
you can ask her to apply first for which she needs to go back to India.once she gets the visa she can travel back to the UK and you can switch in the UK without a cool off.

[r3288]

Thanks a lot jashds for your reply. It was very helpful.

I have a new question:

1. If someone quits their job while on Tier 2 ICT, after how long is their visa curtailed? Is it from the day of resignation or from the day that the notice period ends?

2. From what I have read, there is a 60 day grace period after the visa is curtailed. Is that correct? Or is it 28 days?

[manci]

Jashds's reply to your question is only correct if you did not have T2 ICT leave before 6 April 2011. If you did you can switch in-country and there is no cooling-off

I have a new question:

1. If someone quits their job while on Tier 2 ICT, after how long is their visa curtailed? Is it from the day of resignation or from the day that the notice period ends?
When you actually quit your job your employer will inform the HO and they will curtail your leave to 60 days from the date they make the curtailment decision, not from the termination date.

[asdcjb]

Hi manci
Can you just clarify a bit your answer please. If leave was granted before april 2011 do you mean the dependant spouse need not go back to her home country to apply and can switch in country.
My case is similar:
1. I came to the uk on oct 2010 as dependent on my husband's visa which is a tier 2 ict (established staff). This was extended last year till 2015.
2. I have got employment last month and would like to take myself off the dependent visa and become a tier 2 general independently.
3. My emplyer has already issued me a CoS. (I do not know if it is restricted or not)
4. Do i have to leave uk and go back to India to apply or can i switch in country.
5. Does issuance of CoS mean sponsor has already done the advertising and all that needs to be done. And nothing further would be needed from their side.

Your help would be much appreciated.

[manci]

@asdcjb
your CoS should be a restricted CoS and the sponsor should have done the RLMT before assigning it (unless an exemption applies). Ask them for a printout to check. Your application for entry clearance must be made from India, you cannot switch in the UK.

[akshayapte]

Hi Manci,

My Tier 2 Long Term ICT Established staff is expiring on 1st Sept and I am returning back to India. The original visa was granted in Aug 2010 and has been extended subsequently.

Could you let me know if the cooling period applies to me?

Thanks,

Akshay.

[manci]

Hi Manci,

My Tier 2 Long Term ICT Established staff is expiring on 1st Sept and I am returning back to India. The original visa was granted in Aug 2010 and has been extended subsequently.

Could you let me know if the cooling period applies to me?
1 year cooling-of applies but only if you wanted to return to the UK as a T2 migrant
Thanks,

Akshay.

[srisada]

Hello Manci

First of all thanks in advance for your reply.
You seem to be the expert in this field and will really value your advise!

I am currently on Tier 2 Long Term ICT migrant visa and my wife has a spouse visa (Tier 2 ICT Long Term Staff Partner).

My wife already has a contract in hand and can get a Tier 2 general visa by visiting india for stamping. Hope there is NO cooling off period for her.

May I also know if its possible for me to switch to her dependent visa? Can I apply from within UK? Is there a cooling off period?

Thanks
Sada

[manci]

Hello Manci

First of all thanks in advance for your reply.
You seem to be the expert in this field and will really value your advise!

I am currently on Tier 2 Long Term ICT migrant visa and my wife has a spouse visa (Tier 2 ICT Long Term Staff Partner).

My wife already has a contract in hand and can get a Tier 2 general visa by visiting india for stamping. Hope there is NO cooling off period for her.
correct, there isn't
May I also know if its possible for me to switch to her dependent visa? Can I apply from within UK? Is there a cooling off period?
you can switch to become her dependant in-country, no cooling-off

Thanks
Sada

[balli]

Hi

I have tier 2 ITC since April 2011. My wife has dependent visa from same time. Now her employer is ready to sponsor her tier 2 general visa.

1) Will she be able to get her visa for 3 yrs and then again extend is it complete 5yrs on tier 2. So she can be eligible for ILR?

2) For English language. We looked at points calculator
http://www.ukba.homeoffice.gov.uk/pointscalculator
Her Bachelor's degree gives her 10 points. Do she need to further get evaluated from UK NARIC? or give English Language Test?

Please correct me if I'm looking at old/wrong point calculator.

Please help.!!

Thanks,
Balli

[manci]

Hi

I have tier 2 ITC since April 2011. My wife has dependent visa from same time. Now her employer is ready to sponsor her tier 2 general visa.

1) Will she be able to get her visa for 3 yrs and then again extend is it complete 5yrs on tier 2. So she can be eligible for ILR?
she can get her visa for up to 5 years (higher fee if it is longer than 3 years) depending on the length of engagement stated in the CoS. She'll be eligible for ILR after 5 years on T2G.

2) For English language. We looked at points calculator
http://www.ukba.homeoffice.gov.uk/pointscalculator

Her Bachelor's degree gives her 10 points. Do she need to further get evaluated from UK NARIC? or give English Language Test?
no
Please correct me if I'm looking at old/wrong point calculator.
google it, what comes up is the current one
Please help.!!

Thanks,
Balli

[balli]

Thanks for help Manci, On English Language Test, Couple of weeks ago we were not sure, Bachelor degree would be enough or not. So we applied for UK NARIC for English Language Assessment. They said her degree does not meet the requirement of CEFR level C1. But on UKBA points calculator it gives 10 point for her Bachelor's degree.

This difference in approval confusing me. Please help.

Thanks,
Balli

[manci]

Thanks for help Manci, On English Language Test, Couple of weeks ago we were not sure, Bachelor degree would be enough or not. So we applied for UK NARIC for English Language Assessment. They said her degree does not meet the requirement of CEFR level C1. But on UKBA points calculator it gives 10 point for her Bachelor's degree.
if a test is taken only Level B1 (CEFR) is required for the T2G visa. If your wife scored 10 points on the points based calculator that is sufficient.
This difference in approval confusing me. Please help.

Thanks,
Balli

[Msharma]

Hi Manci,

I know this would be one of the most asked questions here but I need some clarification as my case is slightly different.

1. I was on ICT tier 2 long term visa and have just returned India after my work. I was granted a visa for 2 years and spent about 6 months in UK. As per process my company cancelled my visa on return.

2. I was checking for shortage occupation categories and was able to find job which is as per my skill in UK. I checked with associated company and they are ready to hire me. Can you please suggest If I can apply and what all formalities do I need to complete ? Will my old tier 2 ICT visa will come in picture ?

Thanks a lot in advance..

[asdcjb]

@asdcjb
your CoS should be a restricted CoS and the sponsor should have done the RLMT before assigning it (unless an exemption applies). Ask them for a printout to check. Your application for entry clearance must be made from India, you cannot switch in the UK.

Thank you manci for your advice. I have now been issued a T2G visa and have am working for my employer. I needed some more of your expert advice please.
1. Am I restricted to 6 years from 2010 or from new visa from 2014. Will I be eligible for ILR.
2. My husband will be applying to convert from T2ICT to T2G dependent. You have confirmed other places he can convert in-country. Am I correct? We have been searching for the application method but are a bit confused. Is this the right form to use: https://www.gov.uk/government/publicati ... -dependant .

[manci]

@asdcjb
your CoS should be a restricted CoS and the sponsor should have done the RLMT before assigning it (unless an exemption applies). Ask them for a printout to check. Your application for entry clearance must be made from India, you cannot switch in the UK.

Thank you manci for your advice. I have now been issued a T2G visa and have am working for my employer. I needed some more of your expert advice please.
1. Am I restricted to 6 years from 2010 or from new visa from 2014. Will I be eligible for ILR.
as your previous visa was as a PBS dependant that doesn't count for the 6 year cap. The 6 year max stay is from when you first had T2 leave which I think was in 2014. You will be eligible to apply for ILR after 5 years on T2G leave, i.e. in 2019. There is a salary threshold of £35.5k from April 2018.

2. My husband will be applying to convert from T2ICT to T2G dependent. You have confirmed other places he can convert in-country. Am I correct? We have been searching for the application method but are a bit confused. Is this the right form to use: https://www.gov.uk/government/publicati ... -dependant
yes, he can convert in-country and this is the correct form at present.

[asdcjb]

@asdcjb
your CoS should be a restricted CoS and the sponsor should have done the RLMT before assigning it (unless an exemption applies). Ask them for a printout to check. Your application for entry clearance must be made from India, you cannot switch in the UK.

Thank you manci for your advice. I have now been issued a T2G visa and have am working for my employer. I needed some more of your expert advice please.
1. Am I restricted to 6 years from 2010 or from new visa from 2014. Will I be eligible for ILR.
as your previous visa was as a PBS dependant that doesn't count for the 6 year cap. The 6 year max stay is from when you first had T2 leave which I think was in 2014. You will be eligible to apply for ILR after 5 years on T2G leave, i.e. in 2019. There is a salary threshold of £35.5k from April 2018.

2. My husband will be applying to convert from T2ICT to T2G dependent. You have confirmed other places he can convert in-country. Am I correct? We have been searching for the application method but are a bit confused. Is this the right form to use: https://www.gov.uk/government/publicati ... -dependant
yes, he can convert in-country and this is the correct form at present.

Thank you manci. We just saw the timelines for the postal application and it takes 8 weeks as per the website. That is too long so we are thinking of going for the premium service in person. For that does the application need to be online.
1. https://apply.ukba.homeoffice.gov.uk/ia ... formList#t
Is this the correct link to go about it. Are there any other points I should be careful about.

[m.arpit]

Hi,

I have a Tier 2 ICT Long Term Visa expiring in November 2014. I am currently outside UK and wish to travel on Dependant Visa in January 2015. My Spouse is holding a Tier 2 ICT Short Term Visa. Please let me know if the Cooling Off period will be applicable for applying for Dependant Visa or can I apply for Dependant Visa during the cooling off period.

Thanks in anticipation of the reply

Regards,
Arpit

[manci]

Hi,

I have a Tier 2 ICT Long Term Visa expiring in November 2014. I am currently outside UK and wish to travel on Dependant Visa in January 2015. My Spouse is holding a Tier 2 ICT Short Term Visa. Please let me know if the Cooling Off period will be applicable for applying for Dependant Visa or can I apply for Dependant Visa during the cooling off period.
no cooling off if you apply for entry clearance as a PBS dependant. The validity of your visa will be the same as your wife's.

Thanks in anticipation of the reply

Regards,
Arpit

[gurukishore]

Hi All,

I have Tier 2 ICT Longterm Staff Partnet. Have Job opportunity from employer where my wife is working.

Am I eligible to apply for that job where my wife working with ICT Longterm Staff Partner or do I need to apply for Tier 2 General Visa ?

If I need to apply for Tier 2 General Visa, Do I need to go back to India ? and let me know whet documents/details I need to take from that employer to apply Tier 2 General?

Pls help me!

Thanks!
Guru.

[manci]

Hi All,

I have Tier 2 ICT Longterm Staff Partnet. Have Job opportunity from employer where my wife is working.

Am I eligible to apply for that job where my wife working with ICT Longterm Staff Partner or do I need to apply for Tier 2 General Visa ?
as a PBS dependant you are free to take any job (except as a doctor or dentist in training) without having to apply for any further permission and your wife's employer should know that.

If I need to apply for Tier 2 General Visa, Do I need to go back to India ? and let me know whet documents/details I need to take from that employer to apply Tier 2 General?

Pls help me!

Thanks!
Guru.

[gurukishore]

Hi manci,

Thank you!

My wife employer knows this, but if they are not ready to take, is my option to tier 2 general ?

[manci]

Hi manci,

Thank you!

My wife employer knows this, but if they are not ready to take, is my option to tier 2 general ?

for T2G you need to find a sponsor, they have to carry out an RLMT (unless the job is a shortage occupation), then they have to assign a restricted CoS with which you can apply for entry clearance from home country only

[Kruger_007]

Hi, looking at the discussion above, this thread seems to be the most relevant for my questions below and please excuse me if i am repeating some of the questions, also i am sorry for the long question, will appreciate your help.

i have been in the UK for last 3 years on the Tier 2 ICT visa. I came in to the UK after April 2011, so as per where the current law stands, i understand that i will have a cooling off of 12 months after a stay of 5 years in the UK and i will not be eligible for a PR status in the UK. I wanted to check if there is a way that i do not have to leave the UK for a cooling off?

Also, my wife has been in the UK for the last 1 year as a dependent on me and is now trying to secure a Tier 2 General Visa from her employer, is my understanding correct that she can switch in to a Tier 2 General Visa by going outside the UK and there will be no cooling off that she needs to serve for this?
Also, once she gets the Tier 2 General sponsorship, can i become dependent on her by switching within the UK, and there would be no cooling off at the time of the switch?
If all this is correct, what would the implications be on PR status for both of us, i.e. how many years would we need to get the PR Status in the UK?

One last question is, if i do switch to become dependent on her Tier 2 General Visa, would it be possible for me to switch back to my own Tier 2 General sponsorship (i.e. not be dependent on her and find a sponsor to get me a Tier 2 General Visa without any cooling off?