Tier 2 general visa query

[Shar1990]

Hello,

From 2015-till Aug 2018, I was on Tier 2 ICT visa. Then in Sep 2018, I changed to Tier ICT spouse visa. Now I have job offer who are ready to give me Tier 2 general visa.

Can I apply for Tier 2 general visa from home country or any cooling off period applies to me?

[CR001]

Can I apply for Tier 2 general visa from home country or any cooling off period applies to me?

You are subject to the 12 months cooling off period, counting from the date you received your ICT Dependent visa. You can only apply for a Tier 2 General from your home country 12 months after this date, ie September 2019.

The only time there is an exemption, is if you are being offered a salary in excess of £159,600pa.

[Shar1990]

Thank you so much for quick reply.

I have two follow up questions -
1) Now this cooling off period you are referring is okay if I spend my all-time in UK. I dont have to travel to my home country for cooling off period, right? After 12 months, Sep 2019, I can simple apply for tier 2 from home country.


2) My spouse visa expiring in July 2019, so will file extension for spouse visa in soon. This will not reset my cooling off period? It will be still considered as the first time when I got my spouse visa that is Sep 2018?

[CR001]

1) Now this cooling off period you are referring is okay if I spend my all-time in UK. I dont have to travel to my home country for cooling off period, right? After 12 months, Sep 2019, I can simple apply for tier 2 from home country.

Correct yes.

2) My spouse visa expiring in July 2019, so will file extension for spouse visa in soon. This will not reset my cooling off period? It will be still considered as the first time when I got my spouse visa that is Sep 2018?

No it won't reset your cooling off period. Note that the cooling off has nothing to do with what visa you do or do not hold. It is merely NOT being on Tier 2 main applicant visa for 12 months.

[Shar1990]

Thank you so much!! Big relief.

Just last question.

As i have been offered an amazing job and I don't want to lose it because of visa complexity. Can I start the job on a dependent visa in July 2019 and later request organization to move me to tier 2 general visa. They are A rate organization (comes within world top 10 companies), do they have to do some extra effort such as again displaying job in market etc, or simply give me sponsorship in Sep 2019?

I would really appreciate your answer and any guidance on the same.

[CR001]

As i have been offered an amazing job and I don't want to lose it because of visa complexity. Can I start the job on a dependent visa in July 2019 and later request organization to move me to tier 2 general visa.

Yes. they will have to complete the full and proper RLMT process before offering you the job and requesting an RCoS from HO. They have to prove you have not been pre-selected or that the RLMT has not be tailored to suit only you and excluding all other applicants.

They are A rate organization (comes within world top 10 companies), do they have to do some extra effort such as again displaying job in market etc, or simply give me sponsorship in Sep 2019?

To request an RCoS in the monthly HO allocation meeting, the RLMT cannot be older than 6 months. Note that HO can and often do ask for full details of all applicants and reasons why others were not successful and you were etc.