Tier 2 (ICT) getting minor dependent without spouse

Hi,

i am being placed in London for a period of 1 year on Tier 2 Intra company transfer. I have a 6 month old baby who i want to take as dependent along with me. My husband is employed in US and will conitnue to stay in US for 1 year and shall visit me may be twice on 15 day vacation.

While completing the paper work for work and dependent visa for my daughter my company attorney is telling me that i can not get my daughter with me if my husband also does not come as a dependent with us to UK. this basically means my husband has to quit his job in US .

Is this a true statetment by my attorney. How is this possible that i can not get my daughter with me as a dependent unless i get my spouse along with me. isn't there a way or work around such as if my husband gives a affidavit or some thing. I think that my attorney does not know the rules . there must be so many skilled worker who go to UK on Tier 2 visa wihtout their spouse . can they not tkae their kids with them. Attorney says that its only possible if i am divorced or seperated.

Any help , advise and information is greatly appreciated. I am running really short on time as my joining is in Jan 2016 and i need to go on this assignment whihc might not be possible if the above rule is really true.

Child has to satisfy

319H wrote:(f) Both of the applicant’s parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant or one parent must be lawfully present in the UK and the other is being granted entry clearance or leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

shyamlirai, can you please share your eprience? Have you managed to get thorough this situation? How was it solved for you? Thanks