PBS Dependent for T1 to ILR

Dear Friends:

I and my wife are currently on T2-general/dependent. I am going to transfer from T2 to T1 ET soon, and I can further transfer to ILR within 1 year's time, however, my wife still has 3 years to go on the PBS dependent route, and her current T2 dependent can only last for 2 more years, which means there will be 1 one year gap left in her case, and she surely needs an extension before ILR application.

My question is, what should my wife do to cover the 1 year gap. In my understanding, she could
1) apply for t1-dependent with me, but since I only need 1 year to go to ILR, her T1-dependent presumably only last for 1 year, which is still far away from the 3 year target
2) do nothing until the end the 2nd year (she does not necessarily to change her visa now), and apply for an extension to cover the extra one year. but in this case, should she apply for T2-dependent or T1-dependent extension?
3) we both apply for a 3-year T1 visa. However, in this case, both I and my wife will have to waste extra 2 years of NHS fee, which is 400*2*2=1600 pounds.

Can anyone please help advise what should she do? Many thanks.

Hi

Did you get answer on your question?

Does T2 dependants also need to apply with you when switching to T1 ET visa? Or they can stay unless their current visa is valud?

Br, Michael.

Mapoby wrote: ↑

Fri Mar 22, 2019 8:17 pm

Hi

Did you get answer on your question?

Does T2 dependants also need to apply with you when switching to T1 ET visa? Or they can stay unless their current visa is valud?

Br, Michael.

Dependents can still stay on their current visa. I have double confirm with multiple sources.

Caution!!!!


This turns out to be very wrong! My wife stayed on the T2 dependent, and was rejected to enter into UK!

Hi, my situation is very similar. My HR / immigration consultant told me, based on the advice given to them by the UKVI, that my wife and children may keep their T2 visa without a need to switch to T1. Thanks for sharing about the problem your wife encountered. What a horrible situation! I don't know which source to trust now.

I also found that a partner dependent will have to reside with the main applicant for no less than five years in the UK for being eligible for settlement. This seems to apply for all PBS visa types, including T1 ET. It would not make sense if it is the case that a T1 ET visa holder is eligible for settlement or ILR after three years, yet their partner/child dependent needs to wait for FIVE years. The dependent may of course renew the visa to ensure continued legal stay in the UK after three years (when the main applicant has settlement. In this case, the visa should be switched to T1?? given your wife's case of continuing with T2), but why does there have to be a “gap” of two years? Any thoughts will be appreciated.