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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, at present Im in the UK on tier - 1 PSW dependent visa.

Resolved Question:

Hi, at present I'm in the UK on tier - 1 PSW dependent visa. I'm working for international organization and they are planning to transfer me to the UK branch for 2-3 years to work with the UK branch team. My present work contract is issued by a organization based in USA and I get paid from USA.

In this intra company transfer tier - 2 visa; should I leave the UK to apply in country of origin or can I process the leave to remain while in the UK.

If I get tier - 2 intra company visa; where my wife and dependents should apply as my dependents...inside UK or at the country of origin.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I am sorry but the rules state that if you wish to apply for a Tier 2 intra company transfer visa (ie. long term staff) then you should leave the UK to make the application in these circumstances.

Please refer to the following link:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/ict/applying/
Please see “Can you switch into Tier 2 (Intra company transfer)?” under “more information” at the bottom of the page and you will see that only those categories listed are permitted to switch in to Tier 2 ICT by applying within the UK. In all other cases the UKBA require you to leave the UK and make the application outside of the UK.

The situation is the same for your family, unfortunately.

I would strongly advise that you instruct a solicitor before you leave the UK to prepare your application. This way you can be sure that you will receive an approval and you can have the application in hand ready to submit immediately when you apply from your home country.

It’s immensely frustrating of course, but the rules are strictly applied in these cases.

I am sorry.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
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Customer: replied 3 years ago.

Thanks for the quick answer. If i submit entry clearance in Sri Lanka...can I use the bank balance in my UK bank account to prove the availability of funds or should it be a bank in Sri Lanka.

Expert:  Thomas replied 3 years ago.
Hi,

There is nothing in the rules which prevents you from using your UK bank statemenes, but I would explain why (ie. because you have most recently been in the UK for a considerable period of time) in your statement/covering letter because - even though it's fairly plain to see - sometimes the UKBA need everything spelling out to them, frankly...

Please remember to rate my answer.

Kind regards,

Tom

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