Dependent Visa after Tier 2 ICT ILR

harshitguptaiitr · Post by **harshitguptaiitr** » Tue Aug 30, 2016 12:43 pm

One of my friend came to UK as Tier 2 ICT migrant in 2010. Visa was issued before 6-Apr-2010.
After 6.5 years, applied for ILR.

Got married and wife came to the UK on Tier 2 (ICT) Dependent Visa in 2014.
Child born outside UK in 2016 and came to the UK on Tier 2 (ICT) Dependent Visa.
Both dependent Visa valid till 2018.

Friend has made ILR application and it is under process.

1. Once ILR application is approved, what will happen to Tier 2 Dependent Visa(s)?

2. Will the wife and child have to pay immigration health surcharge?

3. Can they renew the Visa under Tier 2 Dependent category?

4. How many times can they renew it for? I mean if they become eligible for ILR, but wish to wait - can they renew on Tier 2 Dependent?

harshitguptaiitr · Post by **harshitguptaiitr** » Tue Aug 30, 2016 1:06 pm

I read the statement below online but I am still not clear:

You can apply as a PBS Dependant if you are

the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain.

the child of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and; your other parent does not yet qualify for indefinite leave to remain and; you last held leave as PBS Dependant granted on or after 9 July 2012.

What is the meaning for qualify for indefinite leave to remain -

A. is it ONLY five year period on Tier 2 (ICT) Dependent Visa

Or does qualification also include

B. clearing Knowledge of Language and;
C. clearing Knoweledge of Life and;
D. Continuous Stay in the UK.

harshitguptaiitr · Post by **harshitguptaiitr** » Tue Aug 30, 2016 1:29 pm

We also got confused after reading below:

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

Now in 2018; when family members will renew the Tier 2 Dependent Visa - then will it be categorised as - "got your current visa as your partner’s dependant after they settled in the UK"?

harshitguptaiitr · Post by **harshitguptaiitr** » Tue Aug 30, 2016 2:00 pm

Any help please ...

CR001 · Post by **CR001** » Tue Aug 30, 2016 3:51 pm

1. They can continue on the current visas till they qualify for ILR.

2. No, tier 2 ICT dependents are exempt from the surcharge.

3. Yes

4. As many times as they wish.

harshitguptaiitr · Post by **harshitguptaiitr** » Tue Aug 30, 2016 5:51 pm

CR001 wrote:They can continue on the current visas till they qualify for ILR.

Please can you also advise on below, with reference to wife case (came to the UK as Tier 2 ICT Dependent in Mar 2014):

harshitguptaiitr wrote:What is the meaning for qualify for indefinite leave to remain -

A. is it ONLY five year period on Tier 2 (ICT) Dependent Visa

Or does qualification also include

B. clearing Knowledge of Language and;
C. clearing Knoweledge of Life and;
D. Continuous Stay in the UK.

Lastly, when she applies for ILR - will she be eligible as per https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

CR001 · Post by **CR001** » Tue Aug 30, 2016 6:05 pm

What is the meaning for qualify for indefinite leave to remain -

A. is it ONLY five year period on Tier 2 (ICT) Dependent Visa

Or does qualification also include

B. clearing Knowledge of Language and;
C. clearing Knoweledge of Life and;
D. Continuous Stay in the UK.

She needs 5 years residence as Tier 2 ICT dependents before she qualifies for ILR.

She need English B1 language test.

She need life in the UK test

She needs continuous stay for 5 years

harshitguptaiitr · Post by **harshitguptaiitr** » Tue Aug 30, 2016 6:47 pm

Thank you for the response.

My last query is

harshitguptaiitr wrote:Lastly, when she applies for ILR - will she be eligible as per https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

The link above says:

Eligibility for partners
If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

Now once main Tier 2 ICT applicant gets ILR, wife will apply a year later to extend/renew her Tier 2 Dependent Visa (current validity Dec 2018).
So the Visa at the time of ILR application for wife (in 2019) will be after main applicant settled in the UK.
Is this interpretation correct Or am I reading too much?

Reason for all these questions is that is it worth continuing on Tier 2 Dependent Or should she switch to Family of Settled Person Visa after main Tier 2 ICT applicant gets ILR. Negative point of switching is reset of five year clock.

CR001 · Post by **CR001** » Tue Aug 30, 2016 6:58 pm

Either application is possible. She will get ILR sooner if she stays as PBS dependent.

Even if you have ILR, the rules allow and permit her to continue ue on the PBS dependent route.

Getting a visa after a partner is settled applies to new entry clearance spouse visa and not PBS dependent extension applications.

harshitguptaiitr · Post by **harshitguptaiitr** » Tue Aug 30, 2016 7:01 pm

Thanks a lot for your responses.

I found the following information now on another thread which also helps me. I am re-positng here if someone reaches this message thread through search function.

If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement.

Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-2014 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.

harshitguptaiitr · Post by **harshitguptaiitr** » Fri Sep 02, 2016 9:27 am

One more thing ....

For Tier 2 ICT Long Term Staff; the Tier 2 PBS Dependent Visa is also tied to the SOC code and employment of the main applicant.

Once the main applicant gets ILR, is the Tier 2 PBS Dependent Visa still tied to the SOC code and employment of the main applicant?

Thanks for your help.

CR001 · Post by **CR001** » Fri Sep 02, 2016 9:37 am

harshitguptaiitr wrote:One more thing ....

For Tier 2 ICT Long Term Staff; the Tier 2 PBS Dependent Visa is also tied to the SOC code and employment of the main applicant.

Once the main applicant gets ILR, is the Tier 2 PBS Dependent Visa still tied to the SOC code and employment of the main applicant?

Thanks for your help.

PBS dependant is tied to the main PBS migrant. THE RULES ALLOW HER TO STAY AS PBS DEPENDENT IF MAIN APPLICANT GETS ILR BASED ON THE PBS ROUTE.

http://www.immigrationboards.com/immigr ... 14832.html

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