ILR Tier 2 ICT- 5 years route

[kumar2k88]

Dear All,
I've question on Tier-2 to ILR route. I came in August 2010 on tier-2 ICT (under 2011 April rules). Switched to Tier-2 G in 2012. I am going to complete the required 5 years for ILR next month and planning to do so. However I am little worried with recent developments at my sponsor's office (audits etc). If some adverse thing happens before I file my ILR, I would like to check with you guys on below questions,

1) My current Tier-2 G expires in Sep this year. How long more I am eligible to extend in this route. If you look at my over all stay, I've already completed 7 years now (2 years on Tier2-ICT and 5 years on Tier2-G).
2) Since I came in 2011 April rules on ICT, will this help me to continue my stay in anyway?.

Request you guys to help me with your expertise!.

[CR001]

Which category of ICT did you originally apply for?

You can hold Tier 2 General for 6 years.

[kumar2k88]

Hi, Many thanks for getting back.

My first visa was in 2010 was TIER 2 (ICT) ESTABLISHED STAFF. As explained above my current employer is going through an audit next week and I am eligible for ILR from Aug 2nd. If the outcome of the audit is worse then, I am looking at different options.

1) My current Tier-2 general visa expires on Sep 30th (5 years). As you have mentioned, I still got 1 more year that I can legally live in UK on Tier-2 General. Can I go for a new COS and apply for a new T2 G visa(thru a new sponsorer)? (Because, in worse case scenario, I can’t go for an ILR now, as I would require my current employer to have a valid license). This way, at the end or during 6th year, I can go for an ILR through the new employer.

2) Option-2: If option-1 doesn’t work, My wife has completed, 6 years in the UK (1 year on ICT and 5 years on current T2G) and she is also into IT. What are her chances of getting a new T2 G. Is she eligible for an in Country switch?, as she originally came as a Tier 2 ICT Established staff dependent?. Also, can I apply for a dependent visa immediately or do I need to go through the cooling period?.
Which option would you recommend?.

3) I’ve completed 7 years in the UK, while my son has completed 6 years. Am I eligible for 7 Year Children Rule?. Heard from some one, that, either child OR parent completed 7 years, are eligible for leave to remain visa with this criteria. Could you please confirm on this?.

Appreciate your opinion and suggestion in this regard.

[CR001]

1) My current Tier-2 general visa expires on Sep 30th (5 years). As you have mentioned, I still got 1 more year that I can legally live in UK on Tier-2 General. Can I go for a new COS and apply for a new T2 G visa(thru a new sponsorer)? (Because, in worse case scenario, I can’t go for an ILR now, as I would require my current employer to have a valid license). This way, at the end or during 6th year, I can go for an ILR through the new employer.

You can change sponsors if you wish to but you must apply before your current visa expires. Full and proper RLMT will also be required and this takes 28 days.

2) Option-2: If option-1 doesn’t work, My wife has completed, 6 years in the UK (1 year on ICT and 5 years on current T2G) and she is also into IT. What are her chances of getting a new T2 G. Is she eligible for an in Country switch?, as she originally came as a Tier 2 ICT Established staff dependent?. Also, can I apply for a dependent visa immediately or do I need to go through the cooling period?.
Which option would you recommend?.

Is your wife on her own Tier 2 General or as your PBS dependent?

3) I’ve completed 7 years in the UK, while my son has completed 6 years. Am I eligible for 7 Year Children Rule?. Heard from some one, that, either child OR parent completed 7 years, are eligible for leave to remain visa with this criteria. Could you please confirm on this?.

Difficult to get, benefits the child, not really the parents and you would have to provide exceptional circumstances and justification on why the child needs to remain in the UK. A lot of these are refused.

[kumar2k88]

Many thanks for your quick reply!.

2) Option-1:
You can change sponsors if you wish to but you must apply before your current visa expires. Full and proper RLMT will also be required and this takes 28 days.

Considering my short visa time left, If I can't get this done in 28 days, I can go back to India (home country) and come back with the new COS. Is this how it will work, or will there be any implications around this?.

2) Option-2:
"Is your wife on her own Tier 2 General or as your PBS dependent?"

This question was in line with option-1, where if I can't, get my new COS in 28 days.
A Fresh Tier 2 General on her own. She is currently on dependent visa but working with a reputed UK company. My questions are, 1) is she eligible to get this visa.... if yes, 2) Can she get this in UK, without leaving the country 3)If I become her dependent, what will happen to my time spent on current

Many thanks for the information provided so far!

[CR001]

Considering my short visa time left, If I can't get this done in 28 days, I can go back to India (home country) and come back with the new COS. Is this how it will work, or will there be any implications around this?.

If you leave the UK, you are subject to the 12 month cooling off period before you can apply again.

This question was in line with option-1, where if I can't, get my new COS in 28 days.
A Fresh Tier 2 General on her own. She is currently on dependent visa but working with a reputed UK company. My questions are, 1) is she eligible to get this visa.... if yes, 2) Can she get this in UK, without leaving the country 3)If I become her dependent, what will happen to my time spent on current

If she gets a sponsor, RLMT is completed then yes, she can apply for a Tier 2 General in her own right provided she meets all the requirements. You can then apply as her dependent. Unlikely this will all happen before both of your visas expire. She has to apply from home country anyway.

[kumar2k88]

Really really thanks for this important information. I have approximately 65 days of time left on current visa. I'll start exploring the suggested options as soon as I get the audit outcome for my current sponsor. Will hope for the best!!

[CR001]

Good luck and please keep us updated and post any further questions you have.