TIER 2 (GEN/DEP) HELP

[hifrequency]

Experts please advice

My Visa status:
Tier 2 ICT Long Term
Starts from 10-08-2013 - Valid Until : 14-05-2017 and further extension possible.

My Husband's visa status:
Tier 2 General
Valid from: 04/12/14 - Valid To: 30/11/19

My Child Status:
Born in the UK in December 2015

How to obtain UK ILR/citizenship for the family through the best possible legal route

Questions:-
1) Do I need to apply for a dependent visa for my child if we want to go for vacation to India (not more than 60 days in a year) ?

a) If Yes, is it better to apply under my visa category (ICT dependent) or my husband's (Tier 2 General), keeping in mind that we have an intention to apply for ILR after we meet the required criteria (probable 30-11-2019) , when my husband completes 5 years on his General visa?

b) Please advice - My company will bear the visa fees for my child if we apply for him as my dependent under ICT. Whereas , husband's company will not pay for any dependent visa fees.

c)if child has to apply for Tier 2 dependent visa, then there is requirement pay the NHS surcharge fees for him as well.

2) Is it better for me to continue on ICT until my visa expires and then switch to dependent visa OR switch NOW (asap) on my husband's dependent visa? (Again keeping in mind the ILR requirement)

Please reply on asap for each query. Thanks in advance

[CR001]

How to obtain UK ILR/citizenship for the family through the best possible legal route

You won't qualify for ILR based on Tier 2 ICT as this visa no longer leads to settlement.

Questions:-
1. Yes, the child needs a visa. The child won't be able to fly or re-enter the UK from India if they do not have a visa. Being born in the UK gives no special rights.

a) Better to apply under Tier 2 General dependent.

b) Your choice. You and your child will not qualify for ILR on Tier 2 ICT.

c) Yes, immigration health surcharge will be payable for the child.

2. You should switch sooner if you wish to. Your 5 years towards ILR will start from the date you are granted Tier 2 Dependent visa. Your time as Tier 2 ICT cannot be included or added to the new 5 year requirement and you will lose the time you have already spent in the UK.