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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi,My Spouse would like to switch from Tier 2 ICT

Resolved Question:

Hi,
My Spouse would like to switch from Tier 2 ICT Dependent Visa to Tier 2 General and I would like to switch from Tier 2 ICT to Tier 2 General dependant.
Please find my details that will help in understanding the queries.
My Details:
Visa Type: T2 ICT Long Term Staff (BRP Card)
Place & Date of Issue: UK 02-04-2014
Valid Until: 31-03-2015
My first Visa Details:Type: Visa Tier 2 (ICT) Established Staff Issued on : 05/07/2010 (& Renewed from thereon)
Spouse Details:
Visa Type: Tier 2 ICT Long Term Staff Partner
Place & Date of Issue: Chennai 15-05-2014
Valid Until : 31-03-2015
Sponsor Acquired : Yes
Tier 2 General COS Start Date: 01-01-2015
Tier 2 General COS End Date:01-01-2020
Tier 2 General Application Date: Planning for 15-11-2014
Please help me with the following queries:
1. If my spouse required to inform my sponsor about her switch from T2 ICT staff partner to T2 General?
2. My Spouse planning to request T2 General Visa starting from 01-01-2015 and if granted, Will her Tier 2 ICT staff partner VISA be valid till 31 March 2015? Or will it be curtailed to a specific date? If curtailed, then till what specific date she will hold Tier 2 Staff Partner VISA?
3. Can I switch from T2 ICT to Tier 2 General Dependent VISA within the UK? Do I need to inform my sponsor about my plan to switch VISA?
4. If I need to apply Tier 2 General dependent VISA from my home country, Is there a cooling off period applicable?
5. Can we hold two UK VISAs at the sametime, provided they have different VISA start dates?Please let me know if you require any information and kindly request your response to the queries asap.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you please confirm why the COS is issued for 5 years but your visa is only valid for 1 year? Were you employers only wanting you to work for 1 year?
Kind regards
Customer: replied 2 years ago.

I think you got confused with Cos of one visa with the issue of another.

Tier 2 General COS is for 5 years for which Tier2 General visa is yet to be applied.

Currently holding Tier2 ICT Dependent visa for one year.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I do apologise, I was not aware that the date mentioned was for the Tier 2 COS
Just to reply to the questions you have asked:
1. In respect of your spouse she is unable to switch from being a Tier 2 ICT dependent to a Tier 2 general, she would need to leave the country and then return to the UK with the correct visa. Please not that there is a 12 months cooling off period in place for anyone wishing to return to the UK on a any tier 2 visa, if they already had another tier 2 visa in place, therefore if you wife was to return to her home country, she would need to wait 12 months before applying to enter the UK under the Tier 2 general visa category.
2. In response to this questions IF your partner was allowed to apply from inside the UK then her Tier 2 ICT leave would continue until a decision was made on her application regardless of her visa expirying, if the decision was made before the expiry of her Tier 2 ICT visa then the visa will expire at the date stated on it.
3. There is nothing preventing you from switching to a dependent visa in the UK, but because your partner is not able to apply for a Tier 2 general visa from inside the UK you will not be able to switch. There is also nothing preventing you from applying for a Tier 2 general visa from inside the UK.
4. Yes the cooling off period will be applicable to both you and your partner and you would need to wait 12 months before returning to the UK.
5. No you are not allowed to hold two visas at once, only one visa can be issued at one time.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly rate my answer so i can get credited for my time.
Kind regards
Customer: replied 2 years ago.

Thank for the response.

As I am aware 245HB(g) Immigration Law specifies only Tier 2 Migrant will have the cooling period and when my spouse current Visa is PBS Dependent how will this be applicable.

Also in my case, initial VISA was applied before 6 April 2011 and not sure how cooling off period is in effect.

Could you please help with the law which you are referring with respect to cooling off period for both cases?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I apologise for the delay in reverting back to you.
The 12 month ‘cooling off ’ period will apply to any Tier 2 ICT worker who wishes to switch to a Tier 2 visa regardless of if they entered the UK pre 6th April 2012. If you had been in the UK on a Tier 2 general visa pre 6th April 2012, then the cooling off period would not effect you. The only time the cooling off period would not be applicable to you would be if you were applying to switch from tier 2 ICT short term staff to long term staff.
In respect of the cooling off period for your wife, as she is a tier 2 dependent, the cooling off period is not applicable to her and she is able to return to the UK without waiting the 12 months. The rules are silent on this and therefore I cannot provide you with evidence that the cooling off period does not apply to your wife, if its not stated in the rules then its not applicable.
I hope this answers your question.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, i look forward to your rating.
Kind regards
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