Tier 2 Dependent Extension - ILR 2 months short.

[kash1234]

My wife, a tier 2 dependent, has approached the end of her Tier 2 dependent visa, 2 months short of 5 years required for an ILR. I already have an ILR. I was wondering if anybody has extended a tier 2 dependent visa whilst the main applicant has moved on to ILR?

Here is a summary of the case:

• I entered the country Student Visa September 2004
• I changed visa category to post study work visa July 2008
• I changed category to Tier 2 General April 2010
• My Wife entered UK as a Tier 2 Dependent 28/09/2010
• I Changed job roles, reapplied for the visa, stayed on Tier 2 June 2012-24/06/2015
• My wife renewed her Tier 2 Dependent visa August 2013 - 24/06/2015
• Daughter Born 10/12/2014
• I got ILR 12/12/2014
• Applied for Daughter's British Citizenship Certificate MN1 Feb 2015 (pending)
• Wife's Tier 2 Dependent expires 24/06/2015.

What we would need is advice on whether we can extend my wife's current permission as a Tier 2 dependent until July when we can apply for her ILR as a tier 2 dependent living in the UK for 5 years or whether she needs to switch categories to a dependent of a person permanently settled in the UK (FLM(M)/ FLR(FP)) and compromise her ILR application this year.

There don't seem to be any ready answers on the forum already.

Thanks and regards,

K

[rukmesh]

Dependents who applied for their visa before 9th July 2012 only need 2 years to qualify for ILR. Since your wife came in 2010, should would have qualified with you in 2014. Better late than never .. so apply for her ILR now

Good luck

[CR001]

I got ILR 12/12/2014

On what basis did you get ILR? 5 years Tier 2 or 10 years long residence?

[kash1234]

HI thanks for the reply.

I got the ILR based on the 10 year rule in december as I qualified for it before the 5 year tier 2.

Also, can you elaborate on the 2 year ILR rule? DO you have a rule/ immigration law number I can refer to on the Border Agency website?

Thanks and regards,

K

[CR001]

The 2 year rules will not be applicable to your spouse due to the fact that you applied for ILR based on long residence.

Your spouse will need to switch to FLR(M) before her current visa expires and it will be a new 5 year route (2 X 2.5 year visas) to ILR which she will only qualify for now in 2020. Time spent as your dependent will not count towards this new 5 year residence requirement but will be counted if she qualifies for ILR based on 10 years long residence.

She will also have to pay the IHS Surcharge (click) and it will be £500 for the 2.5 year initial FLR(M) visa (£200 per year) payable upfront as she needs the IHS number before she can submit her application.

The rules changed in April 2014 and there is no way you can get around this now and she will have to switch to FLR(M). Your spouse would have qualified for ILR with you if you had applied based on Tier 2 with 5 years residence. See Changes April 2015 PBS Dependents of ILR Long Residence Main Applicant (Click)

[shriakhilesh]

Hi,
My wife entered UK as my Tier 2 General dependent in Feb 2014 when she was granted a 3 yr dependant Visa. I have obtained ILR in June 2015 through 5 yr tier 2 route.

What visa should my wife apply for her dependant visa extension? Should she apply for flr m now and then apply for ILR when she completes her 5 years? Or should she apply for Pbs dependent extension. Just to clarify that I am on ILR through 5 yr route now.

Will applying for flr m reset the count and her stay would be counted from flr m visa start for next 5 yrs ?

What do you suggest ?

What is the form and documents required for the required visa?

Thanks in advance..

[Casa]

Hi,
My wife entered UK as my Tier 2 General dependent in Feb 2014 when she was granted a 3 yr dependant Visa. I have obtained ILR in June 2015 through 5 yr tier 2 route.

What visa should my wife apply for her dependant visa extension? Should she apply for flr m now and then apply for ILR when she completes her 5 years? Or should she apply for Pbs dependent extension. Just to clarify that I am on ILR through 5 yr route now.

Will applying for flr m reset the count and her stay would be counted from flr m visa start for next 5 yrs ?

What do you suggest ?

What is the form and documents required for the required visa?

Thanks in advance..

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