Visa status for wife currently on tier 2 dependent and I am ILR under 10 years route

Hi all,

It would be great if anyone with experience or understand my situation can advise.

My wife is now under Tier 2 dependent (until Sep 2021). In Feb 2021, I was granted an ILT under the 10-year route.

My question is that once I have been granted an ILT (under the 10-year route), can my wife still stay until her visa expires in September 2021?

Thank you very much.

Thank you for your reply Zimba,

I have read through the link you have sent, in the end of the topic, it says my wife needs to switch to ILR dependent visa (spouse).

In your answer to that topic, you said:
"Family members are expected to switch to the family route visa via FLR(M)/FLR(FP) after you get ILR under the long residence. Their visa will NOT get invalidated when you get ILR (as a side effect) given that will be an unfair retrospective effect and the rules are largely are written in a way to avoid this. However, UKVI may curtail their leave or refuse them entry to the UK if they travel as they cannot be admitted as PBS dependants anymore. So to be safe they must switch".

SO, I have here 2 questions:
1. So to me, my wife's current Tier 2 dependent visa is still valid. As such, she still can legally apply for a spouse visa before her current visa expires (Sep 2021), right?

2. She has been here for 8 years and needs 2 more years for 10 years route, when she switch to spouse visa, is the time of her stay reset?

Thank you very much.

1. Yes
2. All visas count towards the long residence. She cannot get ILR under the family route unless she has 5 years under the family route only. Time spent under Tier 2 does not count under family route

Thank you very much, Zimba. Your answer us highly appreciated.

Do you know any document to this point I can refer to?

Thank you

Thank you very very very much Zimba ,

Sorry to ask again but I have read through the link you quoted, in one of the paragraphs it says:
PBS dependant without enough current leave to become eligible for settlement under LR on own merit: Dependant must switch to FLR(M) leave, should do so as soon as possible and definitely before his/her current leave expires.

Do you know if in any document it mentions when/how long/how soon after the main applicant granted an ILR, their partner needs to switch to a spouse visa? I have done some research but could not find out the highlighted point anywhere.

Thank you very much indeed.

You are now nitpicking. There is NO such requirement however you must always apply for a new leave before visa expiry to avoid being an overstayer. I also explained the logic behind why they need to switch to the family route as soon as they can in the first link I posted above. Why don't read this whole thing properly????

Zimba wrote: ↑

Thu Jun 17, 2021 12:07 pm

Family members are expected to switch to the family route visa via FLR(M)/FLR(FP) after you get ILR under the long residence. Their visa will NOT get invalidated when you get ILR (as a side effect) given that will be an unfair retrospective effect and the rules are largely are written in a way to avoid this. However, UKVI may curtail their leave or refuse them entry to the UK if they travel as they cannot be admitted as PBS dependants anymore. So to be safe they must switch

Haha thank you Zimba. I definitely read them all a few times !!! However now got your point. Have a nice day