Tier 2 ICT Depenedent to Tier 2 General -Maternity

[sabikhi]

Dear,

I am in uk on a ICT Long Term staff sub category since dec 2014. My wife and son are here to on tier 2 dependent visa.
My wife has been working here since Feb'15 on and now her company is willing to extend her a CoS.
I understand that for her to apply for Tier 2 General visa, she needs to do so from home country (India) and no Cooling of period applies.
The complexity we have now is .
1) She's is pregnant and traveling in this situation is not medically advisable.
Is it possible to make a case with UKBA on medical grounds to accept request for new visa from within UK? If possible how?
2) When she switch from tier 2 ICT Dep to Tier 2 Gen, how will her employment status change, will she has to resign and rejoin or it ll be a continuous employment? -- In case it's resign/rejoin she'll miss the mandatory criteria for SMP i.e. have worked for your employer continuously for at least 26 weeks up to the ‘qualifying week’ - the 15th week before the expected week of childbirth. WIll it impact SMP?

Thanks,
Sunny

[CR001]

1. No. She has a valid visa and is free to work on the visa she has. It is her choice to apply for a Tier 2 General. Why should HO bend the rules for a pregnancy. She will have to return to her home country to apply.

2. She would do well to stick with her dependent visa until after the baby is born. Has her employer done the complete and proper RLMT process to ensure she has not been 'pre-selected'? A common reason for refusal by the way if this process is not completed exactly per HO guidelines. I am actually surprised the employer is prepared to sponsor her when she is pregnant. Many won't.

[sabikhi]

Thanks for response!

The employer acknowledged to provide sponsorship before we were aware of pregnancy. However, post pregnancy confirmation tomorrow is the first date in office and she was to start the paper processing for visa switch.
I understand that you suggest not to proceed with the switch at this stage correct?

Thanks,
Sunny.