Urgent help needed from Manci/Moderators

[rkm2015]

Hi Manci/Moderators,

We have an urgent issue and hence require some advice from you before we make a decision.

We are a family of three- Myself, my husband and our 8 months old son.

My husband has recently moved to the UK( 2nd Nov 2015) on a Tier 2 General visa valid from 13 Oct 2015- 4 May 2020. Me and our son are currently in India and we have our entry visas ;General dependent and General child respectively from 20 Dec 2015-19 Jan 2016. I work for a big 4 IT company in India. My initial plan was that I would resign and move but now my company has agreed to raise an ICT short term visa for me( 12 months). The company policy is that everyone should work on the company sponsored visa. Hence they want to invalidate my current Tier 2 General dependent Entry clearance visa.

My queries

1. Since this is an ICT short term visa for only 12 months, once the project is over, before my leave on the ICT visa expires, can I switch to tier 2 Dependent ?
2. Would this require a cooling off period or can it be done without any cooling off period and can be applied from within the UK?
3. How would this affect our child? Does his Tier 2 General child visa also need to be cancelled or can that be retained?

Many Thanks for your valuable time.

[vinny]

Once you are in the UK, after applying for biometrics, your and your child's leave should expire in line with your husband's, under 319D and 319I respectively.

You should convince your employers that there is no requirement for you to change to Tier 2 (ICT). Moreover, it should be easier for them to hire you as a Tier 2 dependant as there is no restriction on IT work.

Changing to Tier 2 (ICT) and switching back to dependant leave is detrimental to you. It's a bad and unnecessary idea. It will reset and delay your and your child's path to settlement with your husband, assuming he will apply for ILR under PBS. If they really want you, then they shouldn't force you to change status.

In any case, there is no cooling-off period for dependants.

I don't think that your child need to change status.

[rkm2015]

Thank you very much vinny.