What should I do?

[happy15]

Hi, I am new to this forum and need you advise for my long term stay in UK.

First time in June 2007 i visited only for 2 weeks with old work permit in Uk although validity of the work permit was for 2 years (expiry date was around JUNE,2010). I did not stay for that long.

In Nov,2010,along with my family i came with ICT TIER 2 with same company and still working in UK.Expiry of current ICT TIER 2 is dec,2016.
Due to salary issue and uncertainty(Company may send me back any time whenever there is NO business and opportunity for me to stay in UK) i want ILR to find out suitable job.

Now i understand due to BA rule amendment in 2010 April ,as ICT TIER 2 holder I will not be eligible to apply once i complete 5 years this year i Nov.Please advise me what are the options available for me ?

I can see three options :
1. My daughter is 11 years and she can get ILR after 7 years and me and my wife can apply for 30 months ILR till we reach 10 years. Do i need to pay money both times for 30 months ILR and final ILR ? And is there any chance BA can change thir rule for us who came in Nov,2010 ?
2. Get General TIER visa from any local umbrella company and keep paying them 20-30% from the salary . End of the day i may not get what i am expecting as take home.After 10 years i can get rid of them.
3. if any other employer sponsors me for general Visa or ICT and pay better salary .After 10 years i can switch over if i want.

Pl. advise ,what should be the best option and if you can suggest any 4th Option ?

[secret.simon]

My daughter is 11 years and she can get ILR after 7 years and me and my wife can apply for 30 months ILR till we reach 10 years. Do i need to pay money both times for 30 months ILR and final ILR ?

Your daughter will not get ILR, but a 30 month visa that can be renewed until she completes 10 years in the UK, when she would be eligible for ILR in her own right (Paragraph 276ADE).

Apart from reaching 7 years in the UK, you will need to demonstrate that it is unreasonable to expect her to leave the country.

Your wife could apply as a parent on the basis of your child (Section R-LTRPT of Appendix FM).

You will need to pay for all the 30 month FLR (Further Leave to Remain) and ILR applications. In case you are unaware, apart from the fees, you will also need to pay an IHS (Immigration Health Surcharge) of £200 per year per person at the time of each application.

And is there any chance BA can change thir rule for us who came in Nov,2010 ?

If they do, it will be to make it tougher, not easier.

3. if any other employer sponsors me for general Visa or ICT and pay better salary .After 10 years i can switch
over if i want.

I could be wrong, but if you wish to wish from an ICT visa to another Tier 2 visa (even another ICT visa with another company), I believe that you must leave the country and there is a cooling-off period of a year (i.e. you can not apply for a year of leaving the UK). (Section 24 of the Tier 2 Policy Guidance).

So, you will not be able to accumulate 10 years of legal residence using that route.

I am not absolutely certain of the paragraph above and I am sure others will correct me if I am wrong.

Also, the salary requirements for Tier 2 General application to ILR will be changing in April 2016, starting in 2016 from a minimum salary requirement of £35,000 going up to £36,200 in 2020.

So, you have very few, if any, options available.

[happy15]

Thanks for your response. For my daughter's 30 months visa and also for my wife i hope it does not need any COS from my existing employer ? I can apply directly without any dependency on COS . Can you pl. confirm.

And can you pl. advise fee amount for FLR ?

[secret.simon]

I believe that it is £649 for the application and £600 for the IHS surcharge (as it is a 2.5 year visa, I believe that the surcharge is rounded up to 3 years) per person. Here is the link to all the fees and charges for UKV&I.

But I am not certain and I would wait for somebody else to reconfirm my advice before taking it further.

These fees are only the fees applicable between April 2015 and April 2016. They do go up at very high rates. For instance, the fees for ILR went up from £1093 to £1500 on 6th April 2015. It certainly is way more than the rate of inflation. So, expect the fees to have doubled or more than doubled at the next renewal in 2.5 years time.

[happy15]

Thanks Simon.. And about 30 months Visa normally what are the documents BA looks after ?