Tier 2 ICT Visa Status after Resignation AND Visa for baby

[balajidev]

Hi Team,

This is regarding Visa Type for my Family.

About me: I had Tier 2 ICT Visa which, after completing 5 years, applied and got ILR during March 2015.

My Wife and Daughter (4 years now) was under Tier 2 ICT Staff Dependant and during extension in Mar 2015, got the same extended for 3 more years and now they have PBS dependants visa until March 2018. (Type of Permit: PBS Dependant Leave To Remain)

So, After March 2015, I was on ILR and my Wife and Daughter was in UK on PBS Dependants Visa.

In Aug 2016, My Wife (for Maternity) and Daughter left for India and they are still there.

In Jan 2017 I resigned from the company through which My dependants Tier 2 ICT PBS dependants visa was issued.

They both are now in India = Can I bring them here in their same visa (as it is valid until Mar 2018)?

2. We had our second baby boy in DEC 2016 (born in India) and have got Indian Passport as well for him. Now what Visa should I apply for him from India to get him here to the UK? ( I have ILR) ?


Thanks for your time.....

Cheers

[CR001]

They both are now in India = Can I bring them here in their same visa (as it is valid until Mar 2018)? Yes

2. We had our second baby boy in DEC 2016 (born in India) and have got Indian Passport as well for him. Now what Visa should I apply for him from India to get him here to the UK? ( I have ILR) ? Same Tier 2 ICT dependent as your family.

[balajidev]

Hi Team,

Greetings!

I hold a ILR (Indefinite Leave To Remain) since March 2015 (Tier 2 ICT route to ILR).

My wife and daughter both were living with me for 3 years in UK (since Aug 2013) with their Tier2 ICT Staff dependant Visa (Type of PERMIT - PBS DEPENDANT LEAVE TO REMAIN) still valid until 1st April 2018 (extended early 2015 - before me getting ILR)

They both left UK to India in Aug 2016 (maternity) and my wife delivered our second son in DEC 2016 (in India). They all continued to stay in India (for about 1.5 yrs now)

Please can you advice on?

1. What type of Visa should I apply for my new born son (is it ILR dependant or PBS Dependant) ?

2. If I wish to apply ILR dependant visas for my wife and daughter too, can they apply directly from India? What is the Visa they should be applying?

3. I have changed company here in the UK. But still, I believe my wife and daughter can travel to UK as they have valid Visa (PBS dependants) until 01/04/2018. If they travel, before March 2018, is there any switch visa from PBS dependants to ILR dependants which I should apply?

4. As they have been out of UK for nearly 1.5 years now, what will be good for them - wife and daughter travel to UK in March and apply for PBS dependants? OR apply as ILR dependants?

I am not able to find answers to the above - Will really appreciate if anyone can clarify these please.

thanks in advance....

Thanks,
Bala

[CR001]

I have merged your topic with the one you posted last year as they are the same/similar questions.

[CR001]

1. As already advised in April last year, you apply for PBS Dependent, same visa as wife.

2. Yes they can. It will be spouse/child settlement visa on VAF4A and Appendix FM. This will reset your wifes clock to zero and a new 5 year residence period before she will qualify for ILR. Wife will need English A1 or UK NARIC if she has a foreign degree and you will need to meet the financial requirement of £24,800pa (wife plus 2 children).

3. They are dependent on YOU not your previous Tier 2 sponsor.

4. Either and your choice.

[balajidev]

Thank you very much for your immediate response. Really appreciate it.

Sorry, but I think I should have asked my question/doubt even clearly.

Can you please advice....

1. For my 1 year old son (with Indian Passport now), should I apply PBS dependant Visa for him (follow the 5 year route to ILR) or Will he qualify for ILR (as I hold an ILR)

2. What is the Visa form for PBS dependants from India for him?

2. You mentioned - VAF4A and Appendix FM -- Are these the ILR dependant Visas forms? As my wife and daughter have been away from UK for nearly 1.5 years now, don't think it will make any difference if I apply this visa for them from India - clock will be reset. If I bring them here to UK in 1st week of March and apply for PBS dependants extension, still they will have to complete 5 years from March this year - Am I right?

3. Do I have to pay IHS charges even for PBS dependant visa extension?

thanks for your time...

Cheers.

[CR001]

1. For my 1 year old son (with Indian Passport now), should I apply PBS dependant Visa for him (follow the 5 year route to ILR) or Will he qualify for ILR (as I hold an ILR)

The same visa as the mother, PBS Dependent. He will qualify for ILR when the mother does.

2. What is the Visa form for PBS dependants from India for him?

Online only. https://www.gov.uk/tier-2-general/family-members

2. You mentioned - VAF4A and Appendix FM -- Are these the ILR dependant Visas forms? As my wife and daughter have been away from UK for nearly 1.5 years now, don't think it will make any difference if I apply this visa for them from India - clock will be reset. If I bring them here to UK in 1st week of March and apply for PBS dependants extension, still they will have to complete 5 years from March this year - Am I right?

VAF4A is the ILR dependent yes (although there is no 'ILR Dependent' visa as such, it is a spouse or child settlement visa).

3. Do I have to pay IHS charges even for PBS dependant visa extension?

Yes, for all dependents @ £600 each.

[balajidev]

Thank you very much for your reply again.

I forgot to mention that I have changed company (from which my original Tier-2 and PBS dependats visa been processed). Not sure how to apply for PBS dependants visa in Tier-2 General (family members) category (the link you provided)

Can you please clarify on this?

Thanks.,

[CR001]

You apply for a Tier 2 Partner/child visa.
From outside the UK for son.
https://www.gov.uk/apply-uk-visa


Within the UK
https://visas-immigration.service.gov.u ... nt-partner

https://visas-immigration.service.gov.u ... dant-child

[balajidev]

Thanks again for your time and advice on this. I'll definitely go in this route for visa extension for my wife/daughter and apply new visa for my son.

I went to the first link that you provide and below is what I get to see. Please can you advice if I am selecting the correct option here?
---------
First check what kind of visa to apply for:
START NOW -> Country - India -> Join partner or family for a long stay

On the next page - we get two options...

1. They’re settled in the UK: Apply for a ‘family of a settled person’ visa
2. They’re working or studying in the UK: You may be able to apply as a ‘dependant’ of your family member’s visa category

it is directed to this page - https://www.gov.uk/browse/visas-immigration

Then I select "Family Visas - Visiting the UK for 6 months or more"

Then, I select " Family Visas: apply, extend or switch"

directed to this page: https://www.gov.uk/uk-family-visa

------ here in this page I have information on overview, etc.

But, just wondering where is the actual form that I need to fill in and book appointments with VFS in chennai, India please.


Thanks again,
Bala

[CR001]

You have selecgted the wrong category for PBS Dependent visa.

You need to select WORK and then Dependent Partner/Child

[balajidev]

Thank you. I though so.

But, just not sure where exactly please.

https://www.gov.uk/apply-uk-visa

First check what kind of visa to apply for:
START NOW -> Country - India ->
Work, academic visit or business
How long are you planning to work in the UK for? --> longer than 6 months

is the above correct ? Can you please advice?

thanks,

[CR001]

You need to list all the options you are given on the drop down.

Work yes, length yes more than 6 months, but somewhere there is an option to select PBS or Tier 2 dependent/Partner.

[balajidev]

Thanks again for your reply. I know I am missing something here.....

After I select WORK - longer than 6 months.... below is what shown in the next page....




https://www.gov.uk/apply-uk-visa

First check what kind of visa to apply for:
START NOW -> Country - India ->
Work, academic visit or business
How long are you planning to work in the UK for? --> longer than 6 months





-----------------------
Check if you need a UK visa
You’ll need a visa to work or do business or academic research in the UK
The visa you apply for depends on your circumstances.

Skilled workers
A ‘skilled worker’ visa may be suitable if you’ve been offered a:

skilled job in the UK
role in your overseas employer’s UK branch - the visa you apply for depends on your circumstances
job in a religious community
job as an elite sportsperson or coach

Temporary workers
A ‘temporary worker’ visa may be suitable if you want work in the UK for a short time:

in sports
in arts or entertainment
as a volunteer
in a work experience role
for a charity
for a religious organisation
You can also apply for an international agreement visa if you’ll be doing work covered by international law while in the UK (eg working for a foreign government or as a private servant in a diplomatic household).

‘High value’ workers
A ‘high value worker’ visa may be suitable if you’re:

an investor
an entrepreneur
a graduate entrepreneur
a leader in arts or sciences
Commonwealth citizens
You may be eligible for a UK ancestry visa if one of your grandparents was born in the UK.

Other workers
You can also apply as a:

domestic worker in a private household
representative of an overseas business

--------------------------


Thanks.

[balajidev]

Hi,

Can you please help me on this ? I have no luck in finding the correct page please


thanks,
Bala

[CR001]

I am not sure where you are getting that from. I have just done it and get all the correct options, see attachment.

You need to log in, as per quote below from the bottom of the page in the link, not do the 'check visa'.

https://www.gov.uk/apply-uk-visa

Apply for all other visas
Apply using the Visa4UK service for all other visas, including study and work visas.

Create an account on Visa4UK to apply for the first time.

Sign in to Visa4UK to apply if you already have an account.

[balajidev]

Thank you once again for your help and time on this. Really appreciate it. I'll try doing the same as per your instructions.

But, I am not able to see the attachments that you have mentioned. Getting the below message.

""You do not have the required permissions to view the files attached to this post.""


Can you grant me permissions please? OR Would you mind sending the attachment to my email id - email address removed by moderator please?


Thanks,
Bala

[CR001]

Can you grant me permissions please? OR Would you mind sending the attachment to my email id - email address removed by moderator please?

Kindely refrain from posting any form of contact information on the forum. I am also not prepared to divulge my personal email address by sending you one.

The selection in my screenshot says :

Reason for visit : Select 'WORK' from the drop down menu.

Visa Type : Select 'TIER 2 ICT Visa' from the drop down menu.

Visa Sub Type : Select "Long term staff partner/child etc", whichever is relevant to your application.

These options come up AFTER you have logged in, completed all the personal information etc.

[balajidev]

Hi Moderator,

Thank you very much for you advice on this - I have finally understood and found the way to apply for the Visa in visa4uk website.

Can you please help me on the below too?

1. Should I create 3 applications in this website - one for my wife and each one for my kids?
2. While creating the application -
Select Visa Type ->
Reason for Visit --> I selected Work
Visa Type --> Tier 2 (Intra Company Transfer) visa
Visa Sub Type --> Long- term Staff Partner/child upto 3 years OR Long-term Staff Partner/Child upto 5 years ? (unable to attach screenshot)

I have my ILR valid until 2025 - so just thinking whether it would be appropriate, if I select Long-term Staff Partner upto 5 years - Can you please advice?

3. I believe you mentioned IHS charges would be 600 each (considering 3 years) and if I select 5 years as subtype, I would need to pay 1000 each - Am I right?


Thanks in advance

-Balaji

[CR001]

A PBS Dependent gets a 3 year extension, as this is what the immigration rules state. But you cannot apply for an extension for your dependents that have a visa from India.

Your dependents must return before their visa expire. You cannot apply for an extension from India. So you only need to apply for the child that does not have a visa (if this is the case) and the expiry date will be the same as your wifes' visa and likely you won't have enough time for them to return before expiry. This will mean they have to apply for settlement visas and their clock for ILR will reset to zero.

You really have left this very late.

[balajidev]

Hi Moderator,

Oh no... I had this doubt right from the beginning - whether i can extend visa for my wife/daughter from India... Thanks for clarifying the same.

Current Situation: My Wife/daughter has PBS dependants Visa (Tier 2 partner/child) valid until 1st April 2018

I think I am left with following options - Can you please help me in confirming them?

Option 1:
a. Immediately raise a Visa (PBS dependant - Tier 2 ICT - Long term staff child upto 3 years) for my son alone - which he will get validity until 1st April 2018 as his mother. (may be premium processing where chances are there to get the visa in next 2 weeks time)
b. Once he gets the Visa, all 3 of them travel immediately to the UK and apply for extension here in the UK for all 3 of them (online application / and send the docs by post)

Option 2:
a. Apply for dependant visa for all 3 of them (join family - family of a settled person in UK) from India - this would probably take about 12 weeks for the visa to be approved
b. Then travel with the new visa to UK

Note: The ILR qualifying clock will anyway reset - because they have spent 1.5 years now in India continuously.

Can you please advice on the above options? whether my understanding is correct?

Most importantly, if I am selecting Option 1 - will they be able to travel to the UK with only 1 or 2 weeks visa left (all 3 of them)?


Thanks in advance

-Balaji

[CR001]

I don't know what is best for you or what to advise as you have left it very late, considering you asked originally in January.

For settlement visas, you need to meet the financial requirement and spouse need English A1.

I would get your spouse and one child back before their visas expire. Apply for their extension and once granted, apply for your other child.

If resetting of the clock for ILR is not an issue, then a settlement visa would work if you/she meets all the requirements.

[balajidev]

Thanks Moderator for your reply again. You have given me one more option which I never thought of - but unfortunately I wont be able to leave one child there and my wife travel - due to some personal situation there.

But just wondering if my Options were correct? I still have the chance to choose Option 1? I know there would be a risk involved in terms of the no. of days left ---- apply immdtly for my child, the visa should arrive on time before 20th March (for example) and travel immediately.
- Can they travel with only 1 or 2 weeks visa left ?

and thanks - Yes, I'll have to go through all the requirements, etc if I choose to apply for settlement Visa for all 3 of them from there.
- I believe this would be join family - family of a settled person in UK - path.
- Can I apply for this before the expiry of their current PBS dependant visa (valid until 1st April)

Any information about how much IHS charges would be for each applicant if I am going to dependant (settlement) visa please?


thanks,
balaji

[CR001]

- Can they travel with only 1 or 2 weeks visa left ?

Yes.

- I believe this would be join family - family of a settled person in UK - path.

Correct yes.

- Can I apply for this before the expiry of their current PBS dependant visa (valid until 1st April)

Doesn't matter when you apply as it is a completely separate set of rules and different visa category.

[balajidev]

Thanks for your quick reply... I shall keep you posted on how it goes...

thanks,
Balaji