URGENT HELP - Tier 2 ICT to Tier 2 Dependant

[agit201]

Hi,

I am on Tier2 ICT along with the kids being my dependant with 7 months remaining on visa. My wife recently has received Tier 2 general for 5 years approx 4 months back & is in UK. However we did not switch the kids & myself.

Now I am planning to switch kids & myself. Can i switch to tier 2 dependant a) in-country or b) out off country without serving cooling off period.

Someone has told me that wife can bring kids on dependant from out of country application only and I cannot switch to PBS dependant without serving cooling off period.

Kindly confirm on urgent basis. This is absolutely disappointing if my company ask me to go back and I cannot come as dependant on my wife's via.

Thanks

[CR001]

Can i switch to tier 2 dependant a) in-country

Yes.

b) out off country without serving cooling off period.

There is NO cooling off period for ICT main visa holder applying for PBS Dependent visa!!

Someone has told me that wife can bring kids on dependant from out of country application only and I cannot switch to PBS dependant without serving cooling off period.

Nonsense. Stop listening to 'someone'!!

[agit201]

Many Thanks CR001 for quick response.

Appreciate if you can also tell me if I can apply for child dependant visa from in-country first and I apply from out-off country after 2 months later.

[CR001]

You can ALL apply within the UK. No need to leave the UK at all so not sure why you would do that.

[agit201]

You can ALL apply within the UK. No need to leave the UK at all so not sure why you would do that.

Thanks for the answer. My company is asking me to go back in 2 months time since the current project is on verge of completion and hence I was thinking if I complete ICT first and then come as dependant later.

Also keep on travelling to Europe for official work & hence passport submission may be a issue.

Any potential risk if I approach kids dependant visa alone??

[CR001]

When does your ICT expire?

You do realise that applying within the UK there is a 24 hour super priority service.

[agit201]

When does your ICT expire?

You do realise that applying within the UK there is a 24 hour super priority service.

ICT expiry is 13th Dec'19

Since you are not answering to Kids dependant visa question, shall I presume that there is a MAJOR risk of them applying alone??

[CR001]

I have not answered it yet as you provided incomplete information!!!

The immigration rules part 8 states clearly that children will only get a visa if BOTH parents are lawfully present. So if your visa had expired soon and you had no visa and were not in the UK, their application would be refused.

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant,

[agit201]

I have not answered it yet as you provided incomplete information!!!

The immigration rules part 8 states clearly that children will only get a visa if BOTH parents are lawfully present. So if your visa had expired soon and you had no visa and were not in the UK, their application would be refused.

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant,

Many Thanks CR001 for the information.

If I decipher this correctly, I have a option to apply the dependant visa for my kids ALONE as well since I am currently in UK & possess valid ICT visa.

I suppose HO would not raise any questions why I am switching child visa from ICT to T2G dependant and I need not provide any additional justification or covering letter providing any reason. Request to please clarify.

[CR001]

I suppose HO would not raise any questions why I am switching child visa from ICT to T2G dependant and I need not provide any additional justification or covering letter providing any reason. Request to please clarify.

Correct.

[agit201]

I suppose HO would not raise any questions why I am switching child visa from ICT to T2G dependant and I need not provide any additional justification or covering letter providing any reason. Request to please clarify.

Correct.

Many thanks CR001 for all your guidance.

I plan to switch children first on T2G dependants and based on the situation after 3 months, I will shift my visa category in-country or out-country.

Many Thanks......You rock!!