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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am a British citizen staying in the UK who has just got married and my spouse is fr

Customer Question

I am a British citizen staying in the UK who has just got married and my spouse is from outside the UK and not a UK citizen. She is being offered a Tier 2 ICT for 12months from her employer. I want to know if she can switch to a spouse visa from a tier 2 ICT whilst in the UK or will she have to go back to the home country? Also, is there is cooling off period only after which she can apply for a spouse visa?
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Also, can she switch from ITC Tier 2 visa to spouse visa at anytime or does she have to wait for her ITC tier 2 to complete and only then apply for spouse visa?
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Hi Nicola,
Thanks for the update. I am happy to wait for the moment but please let me know at the earliest.Thanks,
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Buachaill replied 2 years ago.
1. Firstly, your spouse can change from a Tier 2 inter Company Transfer visa to a spouse visa at any time during her 12 month period in the UK. She is not limited to doing this after her visa expires. Nor is she limited to change her visa to a spousal visa during the 12 month or after the 12 months are up. Nor must she go back to her native country in order to make an application to change to a spousal visa. I would advise her to apply for a spouse visa at the earliest opportunity as this gives greater permanancy and allows her to work in the UK not subject to the limitations applicable to a Tier 2 ICT visa.
Expert:  Buachaill replied 2 years ago.
2. The one key point is that she must ensure that she does not apply too close to the end of her visa so that she overstays more than 28 days after the expiry of her visa. She will have no right to remain in the UK merely because her visa application has been made, because she is changing visas. The right to remain whilst a visa application is processed only applies to a variation in an existing visa. So make the application early.
Expert:  Buachaill replied 2 years ago.
3. Here is a link to the relevant form for application is made from within the UK. Be aware that this path leads to citizenship after three years.
Customer: replied 2 years ago.
Thank you for getting back! Is there a webpage/document that you can share apart from the form link that states that she will be able to apply from to change from Tier 2 ICT to spouse visa from the UK? This is because another adviser said that she will have to return to her home country and then apply. Also, he mentioned that it will take her 5 years to become a citizen here instead of 3 years that you mentioned. It will be good if you can confirm.
Expert:  Buachaill replied 2 years ago.

4. If you want your information referenced, you will have to pay for it. I hope you also asked your previous adviser to reference his advice!