ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 2 extension when partner got ILR using 10 years route

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
abooo
Newly Registered
Posts: 4
Joined: Sat Jul 21, 2018 5:05 pm
Malaysia

Tier 2 extension when partner got ILR using 10 years route

Post by abooo » Wed Apr 24, 2019 12:42 pm

Hi,

Can I get some advise please

My wife has been granted ILR in Oct 2018, and my Tier 2 Dependant visa will expire in August 2019.
My question is, can I apply to extend my Tier 2 dependant? I would prefer this option so that the number of years will be accumulated rather than starting over with new ILR Dependant. I'm eligible to apply for ILR myself if I can extend my visa until August 2020

Thank you

User avatar
zimba
Moderator
Posts: 19946
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Tier 2 extension when partner got ILR using 10 years route

Post by zimba » Wed Apr 24, 2019 12:57 pm

You neither can stay under PBS dependant route nor you can ever get ILR under PBS route as your wife was granted ILR under the long residence. UKVI can curtail your visa or refuse your entry to the UK if you travel. You must switch to FLR(M) (the 5 year partner route) which has income and English language requirements. You cannot get ILR unless you remain under the FLR(M) for 5 years or reach the 10 years for long residence.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

abooo
Newly Registered
Posts: 4
Joined: Sat Jul 21, 2018 5:05 pm
Malaysia

Re: Tier 2 extension when partner got ILR using 10 years route

Post by abooo » Wed Apr 24, 2019 1:13 pm

Hi Zimba

Thank you for the info!
Seems like I'm stuck either way...
So the only option is to restart my visa (FLR-M) and wait another 5 years before I can apply for ILR myself

Or would it be better if I wait until August 2019 for my wife to get her British Citizenship and then apply for a dependent?

Thank you

User avatar
CR001
Moderator
Posts: 86833
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 extension when partner got ILR using 10 years route

Post by CR001 » Wed Apr 24, 2019 1:18 pm

So the only option is to restart my visa (FLR-M) and wait another 5 years before I can apply for ILR myself
Correct. Unfortunate that the question wasn't asked before your spouse applied for ILR.
Or would it be better if I wait until August 2019 for my wife to get her British Citizenship and then apply for a dependent?
Not sure what you mean by 'apply for a dependent'. FLR(M) is the same visa whether your spouse is British or holds ILR. Being British when you apply makes no difference. Besides, how would your wife qualify for British citizenship in August 2019 when she only got ILR in October 2018??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

abooo
Newly Registered
Posts: 4
Joined: Sat Jul 21, 2018 5:05 pm
Malaysia

Re: Tier 2 extension when partner got ILR using 10 years route

Post by abooo » Wed Apr 24, 2019 1:24 pm

Hi Cr001

Yes its unfortunate. Should have checked first :(

Sorry, didn't know FLR(M) is the same for ILR or Citizen. Her ILR was actually granted in August 2018, i misread :)

So seems like there's no other option for me.. Can the FLR (M) be granted for 5 years? or will it be 2.5 years, and reapply again for 2.5 years?

Thanks!

User avatar
CR001
Moderator
Posts: 86833
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 extension when partner got ILR using 10 years route

Post by CR001 » Wed Apr 24, 2019 1:28 pm

Sorry, didn't know FLR(M) is the same for ILR or Citizen. Her ILR was actually granted in August 2018, i misread :)
There is no super priority or fast track process for citizenship applications. It can take a few weeks and up to 6 months before she gets a decision. So waiting for that is irrelevant to your situation given that your visa expires in about 4 months.
So seems like there's no other option for me.. Can the FLR (M) be granted for 5 years? or will it be 2.5 years, and reapply again for 2.5 years?
No, it cannot be granted for 5 years. It is a 2.5 year visa and then reapply for a further 2.5 year visa.

£1000 IHS fee payable, £1033 visa fee then add in the fee for whatever Sopra Service you choose. You need English A1 and evidence of at least 6 months of meeting the financial requirement.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

abooo
Newly Registered
Posts: 4
Joined: Sat Jul 21, 2018 5:05 pm
Malaysia

Re: Tier 2 extension when partner got ILR using 10 years route

Post by abooo » Wed Apr 24, 2019 1:34 pm

Thank you very much for the clarification Cr001! Really appreciate it!

Really unfortunate to have to do all this again, and pay a lot more!

Anyway, that's a separate issue....

Thanks again and have a great day!

Locked
cron