Tier1 dependent - residence period (prev tier 2)

[twinklestarz08]

Dear all,

Please could I request for your assistance? I was formerly on a tier two visa from Sept 2009 - Jan 2014 (sponsored by my former employer). From Jan 2014, I have applied and received Tier one (dependent) visa. My husband was on tier one (general) previously but has received his ILR later on (based on five years residence period under tier one).

My Tier one (dependent) visa is now due to expire in April 2016, however, I am not sure as to whether my time under tier two will qualify as part of five years residence period?

From what I gather from reading, it seems that I have to fulfil the five years-period under the dependent visa (i.e. clock resets from Jan 2014) - which particular rules should I refer to? I have s319(E)(d)(ii) but it is quite difficult to understand to be honest..

If so, please could I clarify which route should I use now? Tier one (general) form doesn't quite state my circumstances so I just need to confirm if that is the applicable form to use?

will be grateful for your response!

Many thanks,
Jas

[CR001]

You cannot combine the time you spent as Tier 2 main applicant to Tier 1 G dependent to make up 5 years residence.

Why did you not apply for ILR from Tier 2 rather than switching to Tier 1 Dependent?

You need to complete the Tier 1 Dependent form to extend your visa until you meet the 5 years residence requirement IN THIS CATEGORY before you can apply for ILR.

A combination of different visa CAN ONLY be used for ILR based on 10 years long residence.

[twinklestarz08]

Thank you for your reply, CR001! Thats because my husband did not have ILR when I needed to switch from Tier 2..

Is there any guidance/ specific rules I could refer to please? thank you!

[CR001]

If you were on your own Tier 2 General visa, you could have applied for ILR in your own right after 5 years residence.

See Family Members of Relevant Point Based System Migrants - 319E (d) (ii) (click)

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

[twinklestarz08]

Thank you Char! I wanted to change employer, that's why.. It's a very costly decision..

[CR001]

That is a shame. You will have to wait till 2019 for ILR but will have an FLR(M) extension first and you will also have to pay the immigration health surcharge of £500 on top of the new much higher visa application fee from April for FLR(M).

[twinklestarz08]

Hi Char,

When I apply for extension of tier one (dep) now, will I not get leave till April 2019? I thought then I'd qualify for ILR straightaway.. Do I've to move to flr(m) first?

Yup I only just found out about the healthcare surcharge. That's so ridiculous. I'm working and paying so much taxes & NI already!! It's £600 (£200/ yr for three years).. That's also why I think my leave will b extended for three years...

Your advice is greatly appreciated!
Many thanks,
Jas

[vinny]

My husband was on tier one (general) previously but has received his ILR later on (based on five years residence period under tier one).

You need to complete the Tier 1 Dependent form to extend your visa until you meet the 5 years residence requirement IN THIS CATEGORY before you can apply for ILR.

You don't have to switch to FLR(M), as that will reset your qualifying period for SET(M).

If the relevant PBS migrant has ILR under PBS, then the period of leave that they will extend to the PBS dependant (who is not applying for ILR) is Three years from the date of decision (grant), under 319D(a).

[CR001]

That is a shame. You will have to wait till 2019 for ILR but will have an FLR(M) extension first and you will also have to pay the immigration health surcharge of £500 on top of the new much higher visa application fee from April for FLR(M).

Sorry, meant Tier 1 G dependent and NOT FLR(M)

[twinklestarz08]

Thank you, both! Appreciate your advice!