Please help - Tier 4 and dependents from Tier 2 ICT

[bhaven]

Hello Everyone,

I am looking for some advice on Tier 4 visa. I am currently living in UK with wife and 2 kids and working on Tier 2 ICT visa and it is expiring in next 3 months, though I can go for an extension however, that comes with lot of policies applied to it like unable to claim tax benefits etc. I need advise on my concerns below.

1. My wife is planning to start PhD study in UK (London or Scotland with a genuine and robust subject) so we get around 3-4 years stay. Can she apply from within UK or need to apply from home country?

2. I believe, I can switch over from ICT visa and continue to work in UK in the same assignment/employer or can change employer?

3. How about my kids visa status? Do they need to go back to home country and apply along with my wife as dependent visa or can they remain as ICT dependent child migrant with me (whilst my wife goes to home country to apply) and we three can switch over as my wife's dependent visa. Kids are currently studying in UK.

4. Are they any legal issues involved here, do we need to apply through a solicitor?

Request your kind advise as this will help me either to go for ICT extension or Tier 4 for my wife?

Thanks.

[bhaven]

Can someone please help. I know that there are many threads of this nature, however, I could not find any thread related with kids visa status. Please help, your advise will greatly help me plan my visa.

Thanks

[sah10406]

1. My wife is planning to start PhD study in UK (London or Scotland with a genuine and robust subject) so we get around 3-4 years stay. Can she apply from within UK?

No. See https://www.gov.uk/tier-4-general-visa/ ... -this-visa

2. I believe, I can switch over from ICT visa and continue to work in UK in the same assignment/employer or can change employer?

No. See https://www.gov.uk/tier-2-general/switch-to-this-visa

3. How about my kids visa status? Do they need to go back to home country and apply along with my wife as dependent visa or can they remain as ICT dependent child migrant with me (whilst my wife goes to home country to apply) and we three can switch over as my wife's dependent visa. Kids are currently studying in UK.

You can all apply in the UK, after she has been granted a Tier 4 visa.

4. Are they any legal issues involved here, do we need to apply through a solicitor? {/quote]
No.

[bhaven]

1. My wife is planning to start PhD study in UK (London or Scotland with a genuine and robust subject) so we get around 3-4 years stay. Can she apply from within UK?

No. See https://www.gov.uk/tier-4-general-visa/ ... -this-visa

2. I believe, I can switch over from ICT visa and continue to work in UK in the same assignment/employer or can change employer?

No. See https://www.gov.uk/tier-2-general/switch-to-this-visa

3. How about my kids visa status? Do they need to go back to home country and apply along with my wife as dependent visa or can they remain as ICT dependent child migrant with me (whilst my wife goes to home country to apply) and we three can switch over as my wife's dependent visa. Kids are currently studying in UK.

You can all apply in the UK, after she has been granted a Tier 4 visa.

4. Are they any legal issues involved here, do we need to apply through a solicitor? {/quote]
No.

Thank you very much sah10406 for the update. In 2nd point I meant, being principal ICT immigrant, can I switch over to be Tier 4 dependent visa and continue working or change employer? could you please confirm. Thanks again.

[sah10406]

In 2nd point I meant, being principal ICT immigrant, can I switch over to be Tier 4 dependent visa

See my answer to the 3rd point.

and continue working or change employer? could you please confirm. Thanks again.

For details of the work restriction for a PBS Dependant, see your wife's current BRP or https://www.ukcisa.org.uk/Information-- ... layer-3378

[bhaven]

In 2nd point I meant, being principal ICT immigrant, can I switch over to be Tier 4 dependent visa

See my answer to the 3rd point.

and continue working or change employer? could you please confirm. Thanks again.

For details of the work restriction for a PBS Dependant, see your wife's current BRP or https://www.ukcisa.org.uk/Information-- ... layer-3378

Thank you for update.

Regarding Funds requirement - can my wife's own brother(British Citizen)and I sponsor my wife and show our bank statements for tier 4 application or should the money be in wife's account only? Her brother is working full time and I have my job continuity in UK and my savings which we want to show towards maintenance cost, can both of us sponsor my wife under self funded option or should both of us transfer money to my wife's account? Please advise.

[CR001]

I am still trying to understand your reference to tax credits and what you mean.

[bhaven]

My query is on Tier 4 for my wife and funding requirement.

children and tax credits - they are introduction to my current status in UK and intent behind choosing Tier 4 for my wife.

[bhaven]

I am still trying to understand your reference to child tax credits and what you mean.

My query is on Tier 4 for my wife and funding requirement.

children and tax credits - they are introduction to my current status in UK and intent behind choosing Tier 4 for my wife.

[CR001]

Why do you think you can claim tax credits on Tier 4 visa?

Tax credits is public fund benefits, which you cannot claim.

[bhaven]

Why do you think you can claim tax credits on Tier 4 visa?

Tax credits is public fund benefits, which you cannot claim.

Hi CR001, my query is not related with tax credits and I know I can not claim that.

My query is on Tier 4 visa for my wife - Regarding Funds requirement - can my wife's own brother(British Citizen)and I sponsor my wife and show our bank statements for tier 4 application or should the money be in wife's account only? Her brother is working full time and I have my job continuity in UK and my savings which we want to show towards maintenance cost, can both of us sponsor my wife under self funded option or should both of us transfer money to my wife's account? Please advise.

[CR001]

I misread your post ie tax benefits. Careful how you phrase things.

[bhaven]

No problem. sorry for the inconvenience.

Could you help on funds requirement stuff? How should we go about?

[sah10406]

My query is on Tier 4 visa for my wife -[/b] Regarding Funds requirement - can my wife's own brother(British Citizen)and I sponsor my wife and show our bank statements for tier 4 application or should the money be in wife's account only? Her brother is working full time and I have my job continuity in UK and my savings which we want to show towards maintenance cost, can both of us sponsor my wife under self funded option or should both of us transfer money to my wife's account? Please advise.

Money can only be shown in her name or in your name. See the Immigration Rules, Appendix C, paragraph 1B(a)

(iii) The statements must clearly show:
(1) the name of:
_i. the applicant,
_ii the applicant’s parent(s) or legal guardian’s name, if the applicant is applying as Tier 4 Migrant,
_iii. the name of the Relevant Points-Based System Migrant, if the applicant is applying as a Partner or Child of a Relevant Points-Based System Migrant, or
_iv. the name of the applicant’s other parent who is legally present in the UK, if the applicant is applying as a Child of a Relevant Points-Based System Migrant,
...

[bhaven]

My query is on Tier 4 visa for my wife -[/b] Regarding Funds requirement - can my wife's own brother(British Citizen)and I sponsor my wife and show our bank statements for tier 4 application or should the money be in wife's account only? Her brother is working full time and I have my job continuity in UK and my savings which we want to show towards maintenance cost, can both of us sponsor my wife under self funded option or should both of us transfer money to my wife's account? Please advise.

Money can only be shown in her name or in your name. See the Immigration Rules, Appendix C, paragraph 1B(a)

(iii) The statements must clearly show:
(1) the name of:
_i. the applicant,
_ii the applicant’s parent(s) or legal guardian’s name, if the applicant is applying as Tier 4 Migrant,
_iii. the name of the Relevant Points-Based System Migrant, if the applicant is applying as a Partner or Child of a Relevant Points-Based System Migrant, or
_iv. the name of the applicant’s other parent who is legally present in the UK, if the applicant is applying as a Child of a Relevant Points-Based System Migrant,
...

Thanks sah10406 for the update.

Does my wife require to be joint account holder with me in my bank account or can we just show my bank statement and our marriage certificate?

[sah10406]

Does my wife require to be joint account holder with me in my bank account or can we just show my bank statement and our marriage certificate?

Please read again the paragraph from the Rules I posted above. A Tier 4 applicant can only show money held in their own name (including in a joint account with any other person) or in a parent's name.