Tier 2 ICT extension: separate applications with dependants (and SET(LR))

[YM1900]

Hi All,

I’m in UK since 24 June 2010 (day of entry) on the same Tier 2 ICT with the same sponsor. It was extended two times (initial 3 years + 2 years + 5 years) and current one has expiration date of 1 June 2020. There are also my wife and child (born in UK) on dependants visa with the same expiration date.

Last two times I was applying myself via regular route. However this time there was a need to apply as early as possible via priority service but my company was willing to pay only for main applicant. Plan was to get my application approved as soon as possible so that I could submit applications for my dependants shortly after that.
My priority application was submitted (via immigration firm) back in March. Obviously it had stuck right after that as no appointments were available.

Could you please advise on:
1) Is it possible to go ahead with application for my dependants while my application hasn’t been decided yet? (providing a reference so that HO could chain them somehow)
2) On 6th of July I will be 28 days away from 10 years in UK. Does it mean that I can submit SET (LR) application without waiting for my first application being decided?

Thank you in advance!

[CR001]

1. Yes, they must apply before their visas expire.

2. Yes, it will be varying your existing application. You can apply on set LR within 28 days before the 10th anniversary of the date you entered the UK. Not sure what relevance the 6rh July is if you entered the UK on 1st June 2010.

Note that your dependents cannot get a tier 2 dependent visa if you apply for ilr based on long residence. Your spouse must switch to FLR m and meet the English requirement and you must meet the financial requirment.

Your UK born child can apply to register as British once you get ilr. The child does not need ilr ok to a valid visa to apply for citizenship.

[YM1900]

Many thanks for the prompt reply.

It's my visa expiring on 1st June 2020, my date of entry was 4th of July 2010 (visa start date was 24th of June 2010, sorry I've swapped these dates in the original post).

Just to make sure I understand the concept of "variation" correctly. Is it just another application referencing the original one on the application form or it's more than that?
In order to vary to SET (LR) myself do I need to get some special reference number from immigration firm managing my ICT application, or it's automatically chained by HO via BRP, ID etc?

Thank you!

[CR001]

You can't have two applications in process at the same time.

By submitting a set LR application, got will be considered varying of the original apllicarion submitted. You can apply no sooner than within 28 days before 4th July 2020, 10th anniversary of the date you entered the UK. So simply apply for ilr when you are within this 28 day period.

You have to pay the ilr fee too.

You also have to then vary your spouse's visa to FLR m and pay the fee and IHS.

[YM1900]

Thank you again. The very last question I promise.

It seems like I need to apply for Tier 2 ICT for my dependants while my application is still in progress. What's the most reliable way to emphasise that applications for my dependants should be processed only after mine. Should I enclose a cover letter and explain the situation or provide a reference number on application form?

[CR001]

Your dependents cannot apply for ICT dependent visas if you are applying for ilr based on long residence.

They must apply on FLR m I'd you have applied for ilr.

[YM1900]

Sorry for making it not so explicit but I can't apply via SET (LR) - the earliest I can submit the application is 7th of June (28 days from 10 years in the country) and our visas expiring 1st of June.
It means that I have to send applications for my dependants to play it safe.

Hence my question on what is the best way to mention on my dependants application that my application hasn't been decided yet and chain them somehow: reference number, cover letter or HO usually track it on their own.

Thank you in advance.