Tier 2 ICT Maximum Stay

[jdms]

Hi,

My current stay expires 28th Jan, however my wife is applying for Tier 2 General through the employer but the COS application is only going in for Feb-17 round of COS submission.

How long can I extend my stay in the UK, I read 14 days is the max you can if you are in transit between your residency? and somewhere it was also mentioned 1 month as the maximum duration.

Do I need to resign from the job to continue to stay and wait for my wife's COS to be approved and then file for visa from home nation and return and then re-join which is quite complicated?

Please advise.

[moonlight55]

You need to apply for your switch within 14 days else you will be considered an overstayer. If your spouse's T2(G) COS is going in Feb, I honestly do not think that you spouse can return to UK with a valid T2(G) visa by mid-Feb.

If you continue to stay in UK beyond the 14 day period, it may affect your future applications. I think its better for you to return back to your home country and apply for a dependent visa along with her.

OR you convince your current employer to extend your current ICT visa from within UK (unless you have reached the max period allowed). Once your spouse returns with her T2(G) visa, you can then switch to her dependent from within UK. This alternative depends on your current employer's readiness.

[jdms]

Moonlight - thanks for the response, so if I take 14 days as max allowed then I do not need to resign from my current job and wait for those 14 days hopefully?

I have reached my 5 years limit and hence we are applying for Tier 2 ICT dependent switch to Tier 2 General through my wife's employer and in this case we both will apply for the visa from home nation.

Please let me know regarding the current job formalities to stay additional 14 days post current COS expiry date i.e. 28th Jan as if now.

[CR001]

If your visa expires, you are not permitted to work at all, especially if you have not applied for another visa before it expires.

It is never recommended to 'just stay on for a few days' once your visa expires. The 14 days is not there for this purpose. The 14 days is there to submit an application following expiry of visa or following refusal of an application or refusal of AR.

A migrant should leave the UK on date of expiry or before the visa expires.

[moonlight55]

I second CR001. You cannot just stay for additional 14 days for the sake of it. Even in my post, I had told that you can use this period to submit your visa application post expiry.