Tier 2 ICT dependent to skilled worker visa

[viskrao]

Hi All,

I have a similar but slightly different situation hence replying to this thread rather than starting a new one.

I came to the UK in Jun 2016 on a ICT Tier 2 visa and my wife joined me as a ICT Tier 2 dependent in Nov 2016. Then in Oct 2018 my son was born in the UK. In June 2021, I will be completing 5years on the ICT Tier 2 visa, however my wife has just been offered sponsorship for Skilled Worker Visa by her employer.

So I have two options now:

1. Convert from ICT to Skilled worker dependent with my wife in Feb 2021 - In this case, I will have to pay the application fees, IHS surcharge and other visa related charges for all 3 of us for a duration of 5 years. Which adds up to about £12,300. However, in Feb 2026 all three of us can apply for ILR.
2. Only wife converts to Skilled Worker and I continue on ICT - In this case, my wife converts to Skilled Worker visa in Feb 2021, while I continue on ICT with my son as a dependent for 4 more years i.e. till Jan 2025. Then in Jan 2025 I convert to Skilled worker dependent along with my son. This way my employer will cover all visa fees for me and my dependent son for next 4 years and I end up paying visa fees only for 1 year and so this option adds up to a total fees of about £5200 over the 5 years.

My question is if I go with option 2, in Feb 2026 I would have completed only 9year 8months in UK while my wife would have completed 5years on skilled worker visa. She will be eligible to apply for ILR but I will not, so can i continue in UK as her dependent till I complete my 10 year and then apply for ILR?

Which option would you recommend I choose, Option1 is 2.5x the cost of Option2, so I'm in quite a dilemma. Looking forward to your advise.

Thanks in advance.

[SKJ1984]

Dear viskrao.
In option2 VISA fee remains same. It is only IHS that you pay based on years. It is not 1 year that you pay, but will be 3 years minimum. Going by your case you might need to pay 1 year extension till your wife reaches 5 years and another 3 years block. (Experts can correct me)

Are you in some high earners ICT category to be permitted for more than 5 years?
Time spent on ICT does not count for ILR except for Long residence.

Please work out the math for 4 year IHS and fees. Who knows what could be IHS fees after few years?
I would look at this situation from work perspective putting aside visa fee and IHS. I see both options costing almost equal roughly.

1. Is your employer flexible to allow you to work even when you switch to dependent category?
2. Are you planning to work independently and skilled enough to find a job in UK market?
3. During your extension will you employer allow kids extension without wifes extension. I know some notorious ICT employers deny this.
4. Do you want the benefits and comfort of ICT employer both in UK and in home country.

You can always change to dependent any time in future if you plan to target ILR through LR route. Me in your case would target ILR through LR only and not through SW 5 years route since you have spent good 4.5 years in ICT and seem to have potential to spend up to 9 years in ICT and have a safe job for foreseeable future.

So think through the options based on work perspective and your career goal rather than visa cost which works out the same in my opinion.

[viskrao]

Dear SKJ1984,
Thanks for your reply.

Below are my responses and some additional questions:

In option2 VISA fee remains same. It is only IHS that you pay based on years. It is not 1 year that you pay, but will be 3 years minimum.

Yes I agree Visa fees is paid once. In option 2, during a 5 year period My wife would have to apply twice (3yrs+2yrs) so visa fees x2 + IHS surcharge x 5 for her. However, her employer will pay visa fees so I wil only end up paying the IHS surcharge for 5 years. As for me and my child, if i continue in ICT for 4 year, the visa fees as well as surcharge for both of us would be paid by my employer. I would only need to pay the visa fees and surcharge for the 1 year extension I will apply for as a dependent.

Going by your case you might need to pay 1 year extension till your wife reaches 5 years and another 3 years block. (Experts can correct me)

I'm not sure why would i need to pay for 3 year block, when I first applied for ICT visa I was given a 2 year visa and I paid IHS surcharge for 2years only, not three. So I don't see the logic behind paying 3yrs of IHS surcharge for a 1 year visa application.

Please work out the math for 4 year IHS and fees. Who knows what could be IHS fees after few years?
I would look at this situation from work perspective putting aside visa fee and IHS. I see both options costing almost equal roughly.

Well, since my employer cover the visa application & IHS fees for both me and my child for 4 years, i save that cost, thus there is significant cost difference between Option 1 & 2. But I do agree that IHS fees could increase, but for now I have assumed it to be constant.

1. Is your employer flexible to allow you to work even when you switch to dependent category?
2. Are you planning to work independently and skilled enough to find a job in UK market?
3. During your extension will you employer allow kids extension without wifes extension. I know some notorious ICT employers deny this.
4. Do you want the benefits and comfort of ICT employer both in UK and in home country.

1. Yes
2. Skilled enough, yes, but not looking to change at the moment.
3. Good point, I will have to check this.
4. I'm happy with my current job and don't expect to switch or go back to India anytime soon. However, if i do go back, I would prefer not to be with my current employer.

One final question, my 4 year ICT will expire in June 2025, but my wife's 5yrs SW visa will end on Feb 2026. When should I apply for final 1 year extension.