Please help

[SLM13210423]

Good evening,

I need some help please, I am very confused as to what to do next.

My family and I moved on a Tier 2 ICT visa, for my partners work. We have been here since July 2011; we are in the process of applying for the next steps, which I assume is the extension (for 2 years?) however we have been told by my partners company that we will not be able to apply for Indefinite Leave to remain after July 2015, and will have to return to our home country.

We are gutted as we uprooted our lives on the presumption that this would be a permanent move.

Please can you help me with understanding what we should be applying for next, or doing, or applying for - to achieve this end result of living in the UK permanently.

Some background, my partner has been employed within the same company for the past 14 years, with the last 3 obviously being in the UK. His work contract in the UK is permanent, and indefinite, and we are on the understanding that it 'has no end'

I am currently unemployed but am on a Tier 2 Spouse visa.

No clue what to do next? Please please help, thank you!

[moonlight55]

Your partner's employer is correct. Due to rule changes in Apr2011, any T2 ICT visa holder who applied post Apr-2011, are not eligible to apply for ILR. Their stay in UK is capped to 60 months and they will have to return to their home country. The work contract is valid only until the visa is valid. It does not hold any meaning if you dont have a valid visa.

One option for you guys is to apply for Tier 2 (General) if you are able to find a sponsor. However, you will not be able to switch to Tier 2 (General) from within UK. You will have to return to your home country and again apply for an entry clearance. Also, in this case, you will be subject to a cooling off period of 12 months. Plus, your ILR period will be reset. Tier 2(G) leads to ILR after 5 years as per the rules existing today. Please note taht there is no guarantee that it'll remain the same after 5 years.

[SLM13210423]

Thank you.

Just a few quick questions, does this apply to me too? If I were to get a job and the new company was prepared to sponsor me, would I have to leave for the cooling off period too?

Is there another visa we can apply for or switch to from within ?

Thank you for your help.

[iworker]

if you were to find a sponsor, u can change t tier 2 general, but it will have to be from your home country. you will need a restricted cos and RLMT needs to be done.
your partner can then change to be your dependent within uk.
your 5 year clock will reset once u change category.