ILR Dependent VISA

[cnub4u2000]

Hi,

This is Cnu. I do have couple of questions.

Before I give my question I will give you details of my visa.

I have entered UK in Jan 2010 on ICT Tier 2 (Inter Company Transfer) and I got ILR in May 2015 (PBS/5 years Route). I got married in May 2013 outside UK and my wife came to UK on Tier 2 ICT Long Term Staff Partner.
Still she is on Tier 2 ICT Long Term Staff Partner and VISA expires in May 2016. I have a baby child born in UK and Baby got British passport based on my ILR Status.

Questions.

1. My wife's Tier 2 ICT Long Term Staff Partner VISA expires in May 2016; I need to extend her visa. Which application I need to use SET(O) or SET(M) or FLR (M)
2. When is best time to apply for my wife's visa extension. Now or in May 2016?
3. Which is the earliest way of getting ILR/Citizenship for my wife? though my visa status or through my kid's dependent as he has British passport. I will be eligible for British Citizenship in May 2016 and will get British Passport by OCT 2016.
4. If I have to apply FLR(M); do I need to select "First period of leave to remain" or "Second period of leave to remain"
5. If the Visa is issued based on FLR (M) then what will be the visa period (2 years or 3 years)
6. My wife has completed post graduation in English medium. Please let me know whether this will be sufficient or need to take any English Language Test.
Thank you in advance for your response.

[vinny]

She may extend shortly before her leave expires. They should grant her leave for a period of 3 years under 319D(a).

[CR001]

1. My wife's Tier 2 ICT Long Term Staff Partner VISA expires in May 2016; I need to extend her visa. Which application I need to use SET(O) or SET(M) or FLR (M) None of the forms you list. Set(M) and Set(O) are for ILR, she doesn't qualify yet for ILR. If you apply FLR(M) it will reset her clock to zero and she will have to wait another 5 years on FLR(M) - 2 x 2.5 year visas - before she can apply for ILR. She should extend her visa as a Tier 2 ICT dependent which is an online form process, see PBS Dependent Partner Online (click) and also Tier 2 ICT dependent (click). The immigration health surcharge is NOT payable for Tier 2 ICT dependent.

2. When is best time to apply for my wife's visa extension. Now or in May 2016? No sooner than 28 days before her current visa expires.

3. Which is the earliest way of getting ILR/Citizenship for my wife? though my visa status or through my kid's dependent as he has British passport. I will be eligible for British Citizenship in May 2016 and will get British Passport by OCT 2016. The quickest way is if she continues on Tier 2 ICT dependent.

4. If I have to apply FLR(M); do I need to select "First period of leave to remain" or "Second period of leave to remain" See #1 above, this route will reset her clock for ILR. She will lose the time she has already spent in the UK as this cannot be added to the NEW 5 year period IF she applies on FLR(M)

5. If the Visa is issued based on FLR (M) then what will be the visa period (2 years or 3 years) 2 x 2.5 year visas

6. My wife has completed post graduation in English medium. Please let me know whether this will be sufficient or need to take any English Language Is it a degree recognised on the PBS calculator? IF you apply FLR(M), she needs to meet English level A1

[cnub4u2000]

Thank you Vinny and CR001.

@ CR001

I have some more questions please.

1. Is it okay to apply Tier 2 ICT Dependent extension even if I am (Partner) is not on Tier 2 ICT. Whether Home Office will accept this.
2. If I going to apply for Tier 2 ICT Dependent extension; do I need to get any reference letters or other letters from the sponsor company. If YES,as I got ILR; my company will not be providing any documents
3. My wife's post graduation is recognized in PBS Calculator

[CR001]

1. Yes, the rules allow it.

2. No

3. Should be ok

[cnub4u2000]

Thank you for your response.

Could you please let me know whether I can apply ICT Tier 2 dependent visa for my wife even if I am not working in the same company through which I got ILR

[CR001]

Yes, you can. This has already been advised by Vinny and myself.