ICT Tier 2 pregnant dependent complex case.

[bhagyesh87]

Hi Team,

I came to UK on ICT tier 2 visa (Valid till 2016) with my wife two months back. Currently my wife is pregnant with 6 and half month and her due date is in first week of September. Earlier my job assignment was till June but for now it got extended till mid August by my company.

Now I want to know If I need to go back to my home country in August and as per the airline rules, pregnant women with more then 32 weeks are not allowed to travel. Can my wife is eligible to stay here in UK till she delivers a baby here, even if I as Main applicant of Tier2 leaves the UK. Please note she is having ICT tier 2 dependent visa which is valid till February 2016.

Regarding her care, my family is here only, as my brother is leaving here on British PR with his family. Moreover my mother is also came here this month only on tourist visa to look after her.

Kindly provide the inputs ASAP as if by UK law, if pregnant lady who is not allowed to travel after 32 weeks by airline rule, is not allowed to stay in the UK till delivery then in next week only I am planning to send my wife back to native country.

Thanks in advance.

[moonlight55]

Would you not want to be with her during the delivery?

I would personally suggest that you talk to your employer and explain him the scenario. Request him to ensure that you are here until few weeks after the delivery. You all can return once the baby can fly.

If that is not feasible, you should go back along with her in June. Make it clear with the employer. She would need your support in this time. The option which you've mentioned, should be the last option according to me.

The final decision is still yours.

On the rules, logically the dependent cannot stay in UK once the main applicant has moved back to home country. Whether they'll consider your case as an exception, I'm not sure. Someone who has gone through here, can confirm.