Family of a person with ILR

[sliver80]

Hi

I recently got my ILR via the 5 year route on Tier 2 ICT + WP visa but my wife and daughter did not apply for their's in spite of being eligible to do so. Of the many reasons one is that my wife is pregnant with our second child and had to travel back, along with my daughter, to be with her folks back home at the time of delivery.

Both of them currently hold a Tier 2 ICT dependent visa valid till Feb 2016. My wife's last entry clearance was issued in Jan 2012 and since then extended multiple times such that the current one expires in Feb 2016 as mentioned above. My wife has lived with me in the UK for past 5 years.

My questions are

1. Can my wife and daughter return to the UK on their Tier 2 ICT dependent visas and apply for their ILR once in the country?
2. If yes to 1, I assume they will use the SET(o) form?
3. I understand that for my second child I would need to apply entry clearance as a dependent of ILR parent and once in the country apply for ILR in the same SET(o) form as above?
4. Does the maintenance funds criteria apply for all of them?
5. Does a health surcharge needs to be paid for my wife and children?

6. If the answer to 1 is no then what are the options?

Appreciate the questions may have been answered elsewhere but I am a bit confused reading all that up hence will appreciate a little direction.

Especially confused with the contents of this page where it says https://www.gov.uk/remain-in-uk-family/exceptions

"Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category."

Regards

[CR001]

1. Can my wife and daughter return to the UK on their Tier 2 ICT dependent visas and apply for their ILR once in the country? Yes they can enter the UK as long as their visas are vaid. For ILR, as long as they meet the requirements and have cohabitation proof, should be fine.
2. If yes to 1, I assume they will use the SET(o) form? Yes, Set(O)
3. I understand that for my second child I would need to apply entry clearance as a dependent of ILR parent and once in the country apply for ILR in the same SET(o) form as above? No, you need to apply for pbs dep visa and it will be issued in line with your wife and daughters visa. Should be ok for ILR.
4. Does the maintenance funds criteria apply for all of them? Yes
5. Does a health surcharge needs to be paid for my wife and children? No, the surcharge is not payable if applying for ILR. You will have to pay it though for the new baby's pbs dep visa.

6. If the answer to 1 is no then what are the options?

I understand the importance of support etc, but the baby would automatically be British if born in the UK after you have ILR.

[sliver80]

Thanks CR001

If I leave my current job and take a new one with another employer whilst in the UK, does that impact the ability of my wife and daughter to travel on their current pbs dependent visa? What visa should I apply for my new born?

Regards

[CR001]

does that impact the ability of my wife and daughter to travel on their current pbs dependent visa?

No, it should not have an impact.

3. I understand that for my second child I would need to apply entry clearance as a dependent of ILR parent and once in the country apply for ILR in the same SET(o) form as above? No, you need to apply for pbs dep visa and it will be issued in line with your wife and daughters visa.

I have answered your question already on what visa to apply for the baby.

[sliver80]

Thanks CR001 for you reply

Sorry I was not clear on the question re. my second child's visa. Basically if I have left the employer who originally sponsored my tier 2 ict visa how can I apply an entry clearance pbs dependent visa in that same category?

You said no impact to my wife's and daughter's travel but like above if my pbs sponsor employer is not my current employer anymore doesn't the home office prevent the use of the dep visas?

Indeed, if she delivers the baby in the UK the baby would be an automatic citizen but we had little choice due to other personal reasons that I didn't mention

Regards

[sliver80]

5. Does a health surcharge needs to be paid for my wife and children? No, the surcharge is not payable if applying for ILR. You will have to pay it though for the new baby's pbs dep visa.

CR001, should I pay the IHS as the baby will be applying for Tier2 ICT dep visa as the mother is on it and my visa prior to ILR was T2 ICT?

[CR001]

The health surcharge is not payable for Tier 2 ICT dependents. Although I think you still need the reference number.