Dependant Stay while switching from Tier 2 ICT short term

[Agoyal]

Hi,

I am on Tier2 dependant short term Visa expiring in Aug'17. While my wife is here as my dependant.

If I go back to India in May'17 to apply my ICT Tier2 Longterm WP, Can she stays back in the country on her current visa??

Can I then come back in let's say a couple of weeks and apply a new visa for her as Tier 2 ICT long term dependant, in country through post??

Any help is appreciated.

Thanks.

Best Regards,
Ankur

[vinny]

I think so.

[Frontier Mole]

The rules will have changed on ICT by May 2017 so you will be subject to the new requirements so be aware of the new requirements.

As for leaving your dependent and returning home to reapply... things to consider
If her visa expires while you are back home she becomes an overstayer and will automatically be refused if you apply in the U.K.
The other potential issue is the technical point that a dependent should not remain in the U.K. if the main applicant is not present. Given the main applicant is leaving to renew their visa it is not unreasonable for the dependent to do so too.
It is very much a technical point BUT if a caseworker wants to make an issue out of it they could.

[Agoyal]

The rules will have changed on ICT by May 2017 so you will be subject to the new requirements so be aware of the new requirements.

As for leaving your dependent and returning home to reapply... things to consider
If her visa expires while you are back home she becomes an overstayer and will automatically be refused if you apply in the U.K.
The other potential issue is the technical point that a dependent should not remain in the U.K. if the main applicant is not present. Given the main applicant is leaving to renew their visa it is not unreasonable for the dependent to do so too.
It is very much a technical point BUT if a caseworker wants to make an issue out of it they could.

Thanks very much for your reply and I am intending to be back and make an application for her 2 months before expiry. However I am more concerned about the second point mentioned by you. I do not know legally what's the UKVI stand on dependant staying back, while main applicant is away.