Tier 2 ICT Dependent to Skilled Worker - Leave to Remain

[asaxena4]

Hi,
I am currently serving notice period on Tier 2 ICT, my wife is on Tier 2 ICT dependant (employed). We are both in UK.
I have a sponsored opportunity for switching to Skilled worker, but might be asked to report back to India from my present employer so there is a chance my Skilled worker VISA process is initiated from India.

My question is - If I am asked to report back to India, can my wife remain in UK with right to work and apply for her switch from Tier 2 ICT dependent to Skilled worker Dependant at a later time ?

Some timeline below :
Main applicant Return to India - Between Feb and March
Main Applicant New employment start - End of May
VISA application from India - Between March and April

Given the above timeline can you suggest what might be our possible options ?

[poper]

Ideally your dependents need to leave with you as your contract with your current employer is ending.

You need to negotiate with your current employer to relieve you in the UK. Many immigrants have been stuck outside the country during the pandemic. Best is to switch while in the UK

[asaxena4]

Thanks, do we have an option where I can apply to switch for Skilled worker from India and wife can remain in UK and apply for Skilled worker Dependant ?

[poper]

I leave for other experts to comment.

What you're attempting to do may well cross the threshold of what is acceptable as you may get stuck in India due to visa delays/pandemic.

You both need to travel to India (or) you both switch to Skill Worker route in the UK. Those are the only two options I see.

[CR001]

Thanks, do we have an option where I can apply to switch for Skilled worker from India and wife can remain in UK and apply for Skilled worker Dependant ?

Your dependent can only apply for a dependents once you have a new visa if you are not applying at the same time, either within the UK or abroad.

Her conditions of her tier 2 dependent visa are only valid if you remain in the UK working for your sponsor