ILR for Minor

[jilpangs]

Hi,

Raising the query on behalf of a friend.

My friend (TIER2 ICT), wife and Kid (Dependent Visa) in UK for past 5 years.
Since they cant extend beyond 5 years they are looking at option of applying for TIER2ICT for his wife and he will be on Dependent.

Question is .. obviously they will still not be eligible for ILR after another 5 years. What about the child? 2 year old born in UK. Can the child get an ILR ? as the child will be living about 7 years in UK.

OR any other options to qualify for ILR for the family or kid.

Thanks
JIl

[CR001]

What about the child? 2 year old born in UK. Can the child get an ILR ? as the child will be living about 7 years in UK.

Child cannot apply for ILR if the parents don't apply. There is no '7 year child ILR' as far as I am aware. It is 7 years FLR(FP).

OR any other options to qualify for ILR for the family or kid.

10 years long residence??

[jilpangs]

10 years long residence??

TIER2 ICT qualify for 10 year residence? I thought that is possible if they are in TIER2 GEN only?

[CR001]

ALL visa categories count for 10 years long residence ILR, including visitor visas.

[jilpangs]

Great.

So friend is in ICT TIER2 and his wife/kid on dependent visa. Since now the 5 year max out is reaching. My friend's wife will apply for TIER 2 ICT and make my friend / kid on dependent visa.

Sp will above reset the 5 years or it is still counted? In above case their Visa types also is changed isnt it ?
i.e from TIER2 ICT main to dependent and wise versa.

so will they be still qualified if they stay for another 5 years?

[CR001]

My friend's wife will apply for TIER 2 ICT and make my friend / kid on dependent visa.

She cannot apply for ICT if she has not worked in home country for the employer for most recent 12. She should rather apply for Tier 2 General visa.

Sp will above reset the 5 years or it is still counted? In above case their Visa types also is changed isnt it ?

Not relevant to 10 year long residence. 5 year reset also not relevant as ICT does not lead to ILR based on 5 years anyway.

so will they be still qualified if they stay for another 5 years?

If they get the visa and continue to meet the requirements of the visa.

[jilpangs]

Forgot to mention. They both work for same employer past 5 years.

Not relevant to 10 year long residence. 5 year reset also not relevant as ICT does not lead to ILR based on 5 years anyway.

My friend already spent 5 years in T2 ICT and i know he will not be qualified for ILR based on this. But someone in this thread told he might be eligible through 10 year route. So my question is he already completed 5 years in UK and now if he continues in UK as dependent (as his wife will be main applicant now).
whether he will be still eligible for ILR after 5 years from now?

[CR001]

Forgot to mention. They both work for same employer past 5 years.

Not relevant to 10 year long residence. 5 year reset also not relevant as ICT does not lead to ILR based on 5 years anyway.

My friend already spent 5 years in T2 ICT and i know he will not be qualified for ILR based on this. But someone in this thread told he might be eligible through 10 year route. So my question is he already completed 5 years in UK and now if he continues in UK as dependent (as his wife will be main applicant now).
whether he will be still eligible for ILR after 5 years from now?

Please read what I wrote again carefully and read your question I responded to!!!

It might be best if your 'friend' registers on the forum to ask their own questions.

[jilpangs]

ALL visa categories count for 10 years long residence ILR, including visitor visas.

Not relevant to 10 year long residence. 5 year reset also not relevant as ICT does not lead to ILR based on 5 years anyway.

Above 2 statements are contradicting hence i'm confused. Have explained the situation above and trying to see if they are eligible for an ILR in 2023 (as they are living in UK since 2013).

[CR001]

Sp will above reset the 5 years or it is still counted? In above case their Visa types also is changed isnt it ?

Not relevant to 10 year long residence. 5 year reset also not relevant as ICT does not lead to ILR based on 5 years anyway.

Look at your question and then read my response again. 'resetting' is NOT relevant.

[jilpangs]

[/quote]
Look at your question and then read my response again. 'resetting' is NOT relevant.
[/quote]

Thanks. Understood that reset is not relevant. But it is not clear whether they are eligible for ILR on a 10 year route. Helps if you can explicitly answer this question pls.

[CR001]

ALL visa categories count for 10 years long residence ILR, including visitor visas.

Obviously, provided they meet the requirements.

[jilpangs]

Great. Many Thanks CR001. Apologies if i didnt understand earlier.

Somewhere i read if someone changes their Visa type then clock will reset to ZERO and they have to start from scratch. In this case my friend moving from T2 ICT to T2 ICT Dependent hence had to ask too many questions.

Thanks again. Happy Weekend.

[CR001]

Somewhere i read if someone changes their Visa type then clock will reset to ZERO and they have to start from scratch. In this case my friend moving from T2 ICT to T2 ICT Dependent hence had to ask too many questions.

Relevant ONLY to ILR based on 5 years residence with a QUALIFYING visa, which ICT is not.

You need to tell your 'friend' to apply for Tier 2 General. Unlikely they can apply for Tier 2 ICT as I have already stated.

[jilpangs]

[/quote]
Unlikely they can apply for Tier 2 ICT as I have already stated.
[/quote]

Both are employees of same company and company is ready process T2 ICT for his wife. Company already informed will not sponsor T2 G visas. Do you foresee any issues?

[CR001]

What salary is the sponsor offering the wife to be able to sponsor her for a Tier 2 ICT main visa holder??

[jilpangs]

Should be around £43000+ (Wife got a promotion Recently so not sure about exact salary).

[CR001]

Then she cannot apply for ICT. She must apply for tier 2 general.

[CR001]

https://www.gov.uk/tier-2-intracompany- ... orker-visa

Long-term Staff

You’ll need to have worked for your company for more than 12 months, unless they’re going to pay you £73,900 or more a year to work in the UK.

[jilpangs]

Thanks again. Will check on that with company as well. Because so many of their employees are coming from India with a salary of £41,5 k (or whatever the min wages set now but definitely not £72 k) on T2 ICT. So not sure how thats possible but not in my friend's case.

i think company goes by the following which states £41.5k
https://www.gov.uk/tier-2-intracompany- ... ligibility

[CR001]

Thanks again. Will check on that with company as well. Because so many of their employees are coming from India with a salary of £41,5 k (or whatever the min wages set now but definitely not £72 k) on T2 ICT. So not sure how thats possible but not in my friend's case.

i think company goes by the following which states £41.5k
https://www.gov.uk/tier-2-intracompany- ... ligibility

The rules are slightly different for employees coming from outside the UK to those who are applying with their current employer in the UK. I have quoted the relevant piece with the higher salary for YOUR circumstances as your spouse is already working for the UK company and NOT the company in your home country for 12 months. For ICT, on a lower salary, the requirement is to have worked for the home country company in your home country for at least 12 months. This clearly does not apply to your as she is working for a UK company IN the UK.

The 12 month requirement of working in home country is ONLY waived if the much higher salary is offered.