Tier 2 ICT Visa to Spousal Visa (Passing the 5-year limit)

[Ramo843]

Hi all,

Hoping to get some advice and have my concerns eased.

I arrived in the UK in Feb 2016 on a 5-year Tier 2 Intra-Company Transfer (ICT) visa. This visa has a 5-year limit, and requires a 12 month cooling off period after that.

I have recently married an EEA national (French) who has resided/worked in the UK for 3.5 years (not a permanent resident yet, but will apply when eligible @ 5 years).

Both of us would like to stay in the UK well-beyond my 5 year limit.

Would obtaining a spousal visa (either immediately, or after she is a permanent resident), allow me to stay beyond the 5-year Tier 2 ICT limit?

Thank you for your help!

[CR001]

Would obtaining a spousal visa (either immediately, or after she is a permanent resident), allow me to stay beyond the 5-year Tier 2 ICT limit?

There is no such thing as a 'EU spouse visa'. You apply for an EEA Residence card and a family member of an EU citizen, by post and it can take many months. Once you get it, you must inform your employer.

You will have to wait and see what transitional provisions will be in place post Brexit for EEA family members.

[Ramo843]

Would obtaining a spousal visa (either immediately, or after she is a permanent resident), allow me to stay beyond the 5-year Tier 2 ICT limit?

There is no such thing as a 'EU spouse visa'. You apply for an EEA Residence card and a family member of an EU citizen, by post and it can take many months. Once you get it, you must inform your employer.

You will have to wait and see what transitional provisions will be in place post Brexit for EEA family members.

Thank you very much for the response! My wife will be eligible for Permanent Residency within a year.

Does her having this status change the manner in which I apply [e.g. FLR(M)], or would it still be as a family member of an EU citizen?

But you have answered my main question - being that I can extend beyond the 5-year ICT limit if I obtain a family member visa (whichever one it may be). Many thanks for that!

[CR001]

Does her having this status change the manner in which I apply [e.g. FLR(M)],

No relevant to you if you have already been issued an EEA Residence Card.

or would it still be as a family member of an EU citizen?

Yes and she must not apply for British citizenship till you have PR.

But you have answered my main question - being that I can extend beyond the 5-year ICT limit if I obtain a family member visa (whichever one it may be).

You are not 'extending'. You need to understand the difference of what you are saying. After Brexit, you won't be able to apply on the EEA/EU route, so if you choose this route, you should do so sooner rather than later near to the expiry of your ICT. A EEA Residence card is NOT a visa. If your spouse has PR or BC, then you apply for a visa as on FLR(M), substantially more expensive than an EEA Residence card.

[Ramo843]

Understood perfectly. And apologies if my terminology was off.

Thanks for clarifying!