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Status of Dependent from Tier 2 General to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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faizanm86
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Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Status of Dependent from Tier 2 General to ILR

Post by faizanm86 » Tue Nov 18, 2014 3:43 pm

Hi all,

I am applying for an ILR after having worked on a Tier 2 General visa for five years starting from October 2009. I got married in January 2014 and my wife came over on a Tier 2 General Dependent visa.

Since she has not fulfilled her 5 years yet, she is not eligible for application of an ILR as my dependent per the new UKBA guidelines.

However, will her Tier 2 General Dependent visa expire once I move to an ILR from Tier 2 General? What visa will I need to apply for her if it does expire?

Please help as soon as possible since my appointment for an ILR is early next week.

faizanm86
Newly Registered
Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Status of Dependent on applicant move from Tier 2 Gen to ILR

Post by faizanm86 » Tue Nov 18, 2014 3:48 pm

Hi all,

I am applying for an ILR having originally arrived in 2009 on a tier 2 General visa. I have been continuously working in the UK since then hence my eligibility.

I got married in January 2014 and my wife came over on a tier 2 general dependent visa. She cannot apply for an ILR with me since she has not yet completed 5 years' stay per the updated UKBA guidelines.

What happens to her Tier 2 General Dependent visa once I move from Tier 2 General to ILR. Will it expire and, if it does, what do I need to apply for her?

My ILR appointment is next week and I would really appreciate prompt help.

Many thanks.

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 1:25 am

Re: Status of Dependent from Tier 2 General to ILR

Post by Malik44 » Tue Nov 18, 2014 3:49 pm

she can extend her leave as Tier 2 dependent on this form
https://www.gov.uk/government/uploads/s ... _07-14.pdf

for documents read
https://www.gov.uk/government/uploads/s ... _07-14.pdf

faizanm86
Newly Registered
Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Re: Status of Dependent from Tier 2 General to ILR

Post by faizanm86 » Tue Nov 18, 2014 3:57 pm

Thank you for this. However, what basis can she apply for a Tier 2 extension on if I am no longer on a Tier 2? In the same context, assuming that she can extend, what will happen to her status if I move from the company that had originally sponsored my Tier 2 General visa?

Any help would be appreciated.

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 1:25 am

Re: Status of Dependent from Tier 2 General to ILR

Post by Malik44 » Tue Nov 18, 2014 4:14 pm


faizanm86
Newly Registered
Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Re: Status of Dependent from Tier 2 General to ILR

Post by faizanm86 » Tue Nov 18, 2014 4:51 pm

Thank you so much.

Her current Tier 2 General Dependent visa expires in Nov 2015. Does that mean, based on the document link you kindly attached, that she does not need to do anything until her existing visa expires.

Can you please confirm?

Many thanks.

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: Status of Dependent from Tier 2 General to ILR

Post by vinny » Tue Nov 18, 2014 5:16 pm

Yes.

An extension is only granted for 3 years at a time under 319D. Extending too early may make her require an unnecessary extension prior to being eligible for ILR under 319E.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bijoux24
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Posts: 30
Joined: Sat Jan 07, 2012 6:19 pm

Re: Status of Dependent on applicant move from Tier 2 Gen to

Post by Bijoux24 » Tue Nov 18, 2014 8:10 pm

Still valid
She can apply for extension as tier 2 dependant till she completes 5 years and then can apply for settlement
See first page of guidance attached

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

faizanm86
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Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Tier 2 Dependent Extension After Main Applicant Has Moved to

Post by faizanm86 » Tue Sep 22, 2015 9:55 am

Hi,

I switched from a Tier 2 General Visa to ILR in November of last year after serving 5 years; my wife was a tier 2 dependent who needs to serve the 5 year probationary period before she can qualify for an ILR. She still has over 3 years to go and I am in the process of applying for a Tier 2 extension as her current visa expires in November.

Per advice provided to me, I am filling out the application form located at the following link:

https://www.gov.uk/government/uploads/s ... _08-15.pdf

There is one question that I am confused about; the form asks whether the PBS main applicant has received notification that their application has been successful (Question M4) as well as under which category has the main applicant applied (Question M5)?

I am not sure how to fill out these questions as, for M4, I had my PBS tier 2 approved over three years ago and I am now on an ILR. Question M5 also does not make sense as the categories do not include ILR but instead Tier 1, 2 and 5.

I would appreciate some guidance here as I have no idea how to proceed past these questions. Can you please also confirm whether I am using the right form.

faizanm86
Newly Registered
Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Tier 2 Dependent Extension After Main Applicant Has Moved to

Post by faizanm86 » Tue Sep 22, 2015 10:10 am

Hi,

I switched from a Tier 2 General Visa to ILR in November of last year after serving 5 years; my wife was a tier 2 dependent who needs to serve the 5 year probationary period before she can qualify for an ILR. She still has over 3 years to go and I am in the process of applying for a Tier 2 extension as her current visa expires in November.

Per advice provided to me, I am filling out the application form located at the following link:

https://www.gov.uk/government/uploads/s ... _08-15.pdf

There is one question that I am confused about; the form asks whether the PBS main applicant has received notification that their application has been successful (Question M4) as well as under which category has the main applicant applied (Question M5)?

I am not sure how to fill out these questions as, for M4, I had my PBS tier 2 approved over three years ago and I am now on an ILR. Question M5 also does not make sense as the categories do not include ILR but instead Tier 1, 2 and 5.

I would appreciate some guidance here as I have no idea how to proceed past these questions. Can you please also confirm whether I am using the right form.

faizanm86
Newly Registered
Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Re: Tier 2 Dependent Extension After Main Applicant Has Move

Post by faizanm86 » Tue Sep 22, 2015 3:12 pm

Can someone please help me as I am running a bit short on time?

I would be very grateful for your help.

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 2 Dependent Extension After Main Applicant Has Move

Post by vinny » Tue Sep 22, 2015 11:24 pm

I believe (page 38) they are referring to the category when you last applied/held leave as a PBS migrant. In your case, Tier 2 (General).

Tier 1, 2 or 5 dependant appears to be the correct form.
Family members of points-based system migrants wrote:An applicant can apply as the dependent family member of a PBS migrant if they are:
 the family member of a person with, or applying for, leave under Tiers 1, 2, 4 or 5 of PBS
 the spouse or partner of a person with indefinite leave to remain or British citizenship who last held leave in Tier 1, 2, or 5 of PBS and they do not yet qualify for indefinite leave to remain, or
Application form wrote:  Application made outside UK – VAF10
 Extension (within UK):
o Tier 1, 2 or 5 dependant
o Tier 4 dependant
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

faizanm86
Newly Registered
Posts: 8
Joined: Tue Nov 18, 2014 3:35 pm

Re: Tier 2 Dependent Extension After Main Applicant Has Move

Post by faizanm86 » Wed Sep 23, 2015 12:25 pm

Thanks a lot.

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