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Hi,

I have used your forums to answer most of my queries i used to have so thanks for all your help. the query i have is quite different and could you please help in guiding as to what I do.

I came to the UK in 2009 on a Tier 2 ICT with company X.
My wife came to the UK in Aug 2012 though her Visa was issued in July 2012.
I have since changed to an ILR in Feb 2016 and my wife and kids have remained on the Tier 2 Dependent Visa.

We need to travel to India for a wedding and what I would like to know is if we can travel with my wife on her old Tier 2 ICT visa with my previous company or do I need to apply for her ILR or for a FLR (M) Visa.

Ideally I would like to return back from the holiday and then apply so that she does not need to change visas.

Please help!!

as long as her own ict is valid, she can travel on that.

Thanks iworker,

Jus to further clarify, I have moved companies will this impact the vaidity of her Tier 2 visa as it was renewed when i was with my pervious company.

I got conflicting messages from the both the border agency in Heathrow and from the Visa and Immigration Service.

Border Agency - When i enquired they mentioned that she needs to change her visa status and I contact the Visa and Immigration to update her Visa status. they mentioned that her Visa would be considered invalid should she leave the country.

Visa & Immigration: When I enquired with them they mentioend that she can stay on her own visa and no changes are required.

I am worried that we might be stopped by the border agency when we return i am not able to reference any document which can counter any arguement they make to depart my wife and kids since they are on the old visa.

you initially said your wife is on her old ICT. is that he own ICT or ICT dependent on you?
Your posts are confusing.

natzdavd wrote:Hi,

I have used your forums to answer most of my queries i used to have so thanks for all your help. the query i have is quite different and could you please help in guiding as to what I do.

I came to the UK in 2009 on a Tier 2 ICT with company X.
My wife came to the UK in Aug 2012 though her Visa was issued in July 2012.
I have since changed to an ILR in Feb 2016 and my wife and kids have remained on the Tier 2 Dependent Visa.

We need to travel to India for a wedding and what I would like to know is if we can travel with my wife on her old Tier 2 ICT visa with my previous company or do I need to apply for her ILR or for a FLR (M) Visa.

Ideally I would like to return back from the holiday and then apply so that she does not need to change visas.

Please help!!

Why did your dependants not apply for ILR with you in Feb 2016.
If her visa was issued in July 2012, it was probably applied before 9 July 2012. So she only needed 2 years of living with you.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

iworker wrote:you initially said your wife is on her old ICT. is that he own ICT or ICT dependent on you?
Your posts are confusing.

She is on an Tier 2 ICT dependent on me.

I got my Tier 2 ICT on May 2009 and got my ILR on Feb 2016.
My Wife is a Tier 2 Dependent she came into the country in Aug 2012 though her Visa was issued in July 2012. Her Visa is valid till 2019.

The Tier 2 visas were on was my old company after I got ILR i moved companies but my wife has stayed on the Tier 2 ICT dependant visa.

Due to travel issues we decided to take her ILR after Aug 2017.

marcnath wrote:

natzdavd wrote:Hi,

I have used your forums to answer most of my queries i used to have so thanks for all your help. the query i have is quite different and could you please help in guiding as to what I do.

I came to the UK in 2009 on a Tier 2 ICT with company X.
My wife came to the UK in Aug 2012 though her Visa was issued in July 2012.
I have since changed to an ILR in Feb 2016 and my wife and kids have remained on the Tier 2 Dependent Visa.

We need to travel to India for a wedding and what I would like to know is if we can travel with my wife on her old Tier 2 ICT visa with my previous company or do I need to apply for her ILR or for a FLR (M) Visa.

Ideally I would like to return back from the holiday and then apply so that she does not need to change visas.

Please help!!

Why did your dependants not apply for ILR with you in Feb 2016.
If her visa was issued in July 2012, it was probably applied before 9 July 2012. So she only needed 2 years of living with you.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

Her Visa was provided to her on 11th July 2012 and she travelled to the UK in Aug 2012 which was when her Visa was stamped. Hence we have waited since she was on the Tier 2 Dependent Visa.

she is ok to go on holidays with u on current visa.
she has been eligible to apply for ilr since aug 2014. u could have applied her ilr anytime after aug 2014.