Tier2 (ICT + General Dependent) to ILR

[deepto99]

Hi,
I have been in UK on a Tier 2 ICT Visa since 23rd Mar 2010. I have had 2 extensions on that Visa and have not been out of UK for more than 2 months continuously in 1 year. I have been on maternity leave since Aug 2013 and my current visa will expire on 11th Sept 2014. I understand I need at least another 1 yr extension to qualify for ILR. I am not sure if I will get another extension from my company.
My husband is here since 1st June 2011 on a Tier 2 General Visa and his company will now extend his visa and have asked if he wants to include dependents in his application. So we have to make an immediate decision. My question is:
1) If I do get an extension from my own company, will the fact that I had been on maternity leave and hence not earning my full salary for 7 months affect my application for ILR?
2) If I now change to Tier 2 General Dependent Visa, will my previous stay on Tier 2 ICT count towards my 5 year requirement for ILR - 4 yrs 3 months ( ICT ) + 9 months ( Tier 2 General )?

We are trying to get our head around on what is the best course? Please give us some guidance.

Thanks,
Lopa

[manci]

Hi,
I have been in UK on a Tier 2 ICT Visa since 23rd Mar 2010. I have had 2 extensions on that Visa and have not been out of UK for more than 2 months continuously in 1 year. I have been on maternity leave since Aug 2013 and my current visa will expire on 11th Sept 2014. I understand I need at least another 1 yr extension to qualify for ILR. I am not sure if I will get another extension from my company.
My husband is here since 1st June 2011 on a Tier 2 General Visa and his company will now extend his visa and have asked if he wants to include dependents in his application. So we have to make an immediate decision. My question is:

1) If I do get an extension from my own company, will the fact that I had been on maternity leave and hence not earning my full salary for 7 months affect my application for ILR?
If you apply for ILR while you are on maternity leave you only need to be paid the appropriate rate as per Appendix J immediately before the maternity leave started. If you apply after your maternity leave finished there is no problem about pay provided you are then paid the appropriate rate.

2) If I now change to Tier 2 General Dependent Visa, will my previous stay on Tier 2 ICT count towards my 5 year requirement for ILR - 4 yrs 3 months ( ICT ) + 9 months ( Tier 2 General )?
Your husband can only stay in the UK for max 6 years on his T2G leave but he can apply for ILR after 5 years (in May 2016). If you now become a PBS dependant you will have to spend a 5 year probationary period as his dependant before you are eligible for ILR. Your time under T2 ICT will not count for the probationary period and you will not be able to apply for ILR at the same time as your husband. However, you can extend your PBS dependant leave until you become eligible for ILR (in April 2019). See p34:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

We are trying to get our head around on what is the best course? Please give us some guidance.

Thanks,
Lopa

[manci]

@deepto99
if you cannot make up your mind now, you can switch to PBS dependant status any time while you are in the UK with valid leave (it costs a little more in fees if you don't apply together)

[deepto99]

Thanks a lot Manci for your help.. Am I correct in understanding then I would be eligible for PR if I get another extension my Tier 2 ICT since I was originally here before April 2010?

[manci]

Thanks a lot Manci for your help.. Am I correct in understanding then I would be eligible for PR if I get another extension my Tier 2 ICT since I was originally here before April 2010?

yes, but you'll need your employer's cooperation - they have to certify that they still require you for the employment in question.