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URGENT HELP- Kids Tier2 ICT dependants to Tier 2 dependants

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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NSareen
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India

URGENT HELP- Kids Tier2 ICT dependants to Tier 2 dependants

Post by NSareen » Sun May 26, 2019 7:52 pm

Hi,
I came to UK as Tier 2 General in Oct'15 and my husband & kid came on ICT Long term in Oct'15.
--> Kid is husband's ict dependant!

I now intend to change my kid visa to tier2 dependant.

My husband cannot resign in UK due to employer policy, needs to serve 3 months notice period in India and then apply as Tier 2 dependant. would change after few months.

If child goes with father, he will loose studies for 3-4 months and i donot want any disruptions in the same and hence we are planning to file kid visa from uk first and then husband can go back, resign & apply from home country.

My question is:

1. Can I switch child visa (ict) to T2G dependant without husband switching at the same time. My husband & child Tier 2 ICT visa is still valid until Oct'20). Is there any RISK???? I have been told that sometimes kids visa is rejected if it is not applied along with spouse.

2. Will this be a straightaway rejection or query if any? If there is a query raised do i need to submit fees again.

3. If we proceed, should we submit any covering letter explaining the situation...can this raise unnecessary questions?

4. Can you provide detailed checklist of docs to be submitted.

5. If there is any visa rejection, will this be recorded and need to be mentioned if someone is filing next time...kind of blackspot on the records???

Please confirm on urgent basis.
Thanks in advance.

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Frontier Mole
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European Union

Re: URGENT HELP- Kids Tier2 ICT dependants to Tier 2 dependants

Post by Frontier Mole » Sun May 26, 2019 8:34 pm

Can I clarify a nice simple point - as long as your husband is on your visa as a dependent he can do precisely what he wants. No return to India or any other such nonsense. He can resign and there is nothing his employer can do. He can even carry on and not tell his employer and that is their problem and not his.

So get the entire family under your tier 2 dependence and avoid all the worries. 👍

NSareen
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Joined: Sun May 26, 2019 7:22 pm
India

Re: URGENT HELP- Kids Tier2 ICT dependants to Tier 2 dependants

Post by NSareen » Sun May 26, 2019 10:51 pm

Frontier Mole wrote:
Sun May 26, 2019 8:34 pm
Can I clarify a nice simple point - as long as your husband is on your visa as a dependent he can do precisely what he wants. No return to India or any other such nonsense. He can resign and there is nothing his employer can do. He can even carry on and not tell his employer and that is their problem and not his.

So get the entire family under your tier 2 dependence and avoid all the worries. 👍
Hi,
He has signed bond with the employer. Moreover the employer is kind of biggest muti billion dollar company of india and hence the terms & conditions drafted within bond cannot be ignored. They have a very strong legal section. It even says that action amounting to $30k could be taken.

Can i request for your kind consideration to answer the queries.
Thanks

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CR001
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Re: URGENT HELP- Kids Tier2 ICT dependants to Tier 2 dependants

Post by CR001 » Sun May 26, 2019 10:54 pm

Your husband has a username (YMalhotra) and has already asked these very questions and Frontier Mole has answered them already!!

It is useful to sitck to one username to avoid mutiple topics with the same question and the same advice being given repetitively, that besides the fact that one of the forum rules is no multiple usernames are permitted.
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.

NSareen
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India

Re: URGENT HELP- Kids Tier2 ICT dependants to Tier 2 dependants

Post by NSareen » Sun May 26, 2019 11:33 pm

CR001 wrote:
Sun May 26, 2019 10:54 pm
Your husband has a username (YMalhotra) and has already asked these very questions and Frontier Mole has answered them already!!

It is useful to sitck to one username to avoid mutiple topics with the same question and the same advice being given repetitively, that besides the fact that one of the forum rules is no multiple usernames are permitted.
Hi CR001,
Sincere apologies if this has violated any rules here.
Yes he told me earlier but we still seems to be stuck with the basic question - whether applying child visa without other parent causes any issue.
We also consulted couple of solicitors earlier, both have varied opinions and hence we are in this situation. One said - go with the rules if there is any query you can reply accordingly.
Other said - there could be issues with child visa.

I am literally confused what we should do....shall we go as per the rules or risk stated by few?

prisingh
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India

Re: URGENT HELP- Kids Tier2 ICT dependants to Tier 2 dependants

Post by prisingh » Tue May 28, 2019 4:29 pm

ask husband to have a meeting with hr of his company .. and explain them the details..
the labor laws are different then in india..
worst case scenario:

Switch your husband and kids to tier 2 general dependent .. in country..
ask you husband to resign and go to india for that 3 months notice - i am sure it is not needed but ...
and then join u back..

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