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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,I am on General Tier 2 visa which expires in OCT 2016.

Resolved Question:

Hi, I am on General Tier 2 visa which expires in OCT 2016. Due to redundancy I lost my job and I am searching new job ,sponsorer as of now. If I dont get new sponsorer ,I have option to switch to ICT (long term valid till Mar 2015) dependent visa to stay in UK. In this case, if due to some reason my husband has to leave UK and I have already applied for dependent visa. Am I allowed to stay in UK as my application is still in process with UKBA? Will i face any issue in immigration ,when i leave UK as my husband had already left UK? Also once I switch to ICT(long term) dependent visa will cooling period apply to me, if I wish to switch General Tier 2 visa again in future?

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.
Just to clarify,how long have you been on the tier 2 general visa?
Kind regards
Customer: replied 2 years ago.

I came to UK on ICT spouse dependent visa in Mar 2013.

Then from Jan 2014 to Oct 2014 I was on General Tier 2 visa.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. If you do apply to switch to a dependent visa then you would need to leave the UK once your partner decides to leave the UK. This is because the main visa holder will no longer be in the UK, them leaving the UK would automatically curtail your visa and you would no longer have a right remain in the UK. If you leave the UK and wish to return on the dependent visa then because your partner will no longer be in the UK you will be refused entry and returned.
If you did switch to a Tier 2 ICT dependent visa then wanted to switch back to a Tier 2 visa, the cooling off period would not apply to you.
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
Customer: replied 2 years ago.

Thank you.

But my question is ..if I have already applied for dependent visa and my application is in process , during this period if my partner decides to leave UK (as it depends on Company Project) , till i get my passport am i allowed to stay in UK?

I will leave UK immediately once i get my passport.

Will i face any immigration issue as I am leaving UK afterwards because my passport was in application process with UKBA?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. If you have applied, then yes you can stay until you receive your passport, that should not be an issue , but once your partner leave you need to contact the home office and state the fact that your partner has left and therefore you wish to withdraw the application.
2. No you will not face any issues and you withdrew the application and are able to leave the UK. The home office will simply take your passport to the airport where you can take the passport off the immigration officer and leave.
I hope this clarifies the matter.
Kind regards
UK_Lawyer and 3 other Law Specialists are ready to help you
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so please provide a rating so i can get credited for my time.
Kind regards