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Tier 2 ICT Dependent to Skilled Worker - Leave to Remain

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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asaxena4
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Tier 2 ICT Dependent to Skilled Worker - Leave to Remain

Post by asaxena4 » Mon Jan 18, 2021 9:48 pm

Hi,
I am currently serving notice period on Tier 2 ICT, my wife is on Tier 2 ICT dependant (employed). We are both in UK.
I have a sponsored opportunity for switching to Skilled worker, but might be asked to report back to India from my present employer so there is a chance my Skilled worker VISA process is initiated from India.

My question is - If I am asked to report back to India, can my wife remain in UK with right to work and apply for her switch from Tier 2 ICT dependent to Skilled worker Dependant at a later time ?

Some timeline below :
Main applicant Return to India - Between Feb and March
Main Applicant New employment start - End of May
VISA application from India - Between March and April

Given the above timeline can you suggest what might be our possible options ?

poper
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Re: Tier 2 ICT Dependent to Skilled Worker - Leave to Remain

Post by poper » Mon Jan 18, 2021 10:36 pm

Ideally your dependents need to leave with you as your contract with your current employer is ending.

You need to negotiate with your current employer to relieve you in the UK. Many immigrants have been stuck outside the country during the pandemic. Best is to switch while in the UK
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

asaxena4
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Re: Tier 2 ICT Dependent to Skilled Worker - Leave to Remain

Post by asaxena4 » Mon Jan 18, 2021 10:49 pm

Thanks, do we have an option where I can apply to switch for Skilled worker from India and wife can remain in UK and apply for Skilled worker Dependant ?

poper
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Posts: 1060
Joined: Mon Aug 13, 2012 10:45 am
India

Re: Tier 2 ICT Dependent to Skilled Worker - Leave to Remain

Post by poper » Tue Jan 19, 2021 4:49 pm

I leave for other experts to comment.

What you're attempting to do may well cross the threshold of what is acceptable as you may get stuck in India due to visa delays/pandemic.

You both need to travel to India (or) you both switch to Skill Worker route in the UK. Those are the only two options I see.
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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CR001
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Re: Tier 2 ICT Dependent to Skilled Worker - Leave to Remain

Post by CR001 » Tue Jan 19, 2021 5:51 pm

asaxena4 wrote:
Mon Jan 18, 2021 10:49 pm
Thanks, do we have an option where I can apply to switch for Skilled worker from India and wife can remain in UK and apply for Skilled worker Dependant ?
Your dependent can only apply for a dependents once you have a new visa if you are not applying at the same time, either within the UK or abroad.

Her conditions of her tier 2 dependent visa are only valid if you remain in the UK working for your sponsor
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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