10 year ILR route main applicant & Tier 2 ICT PBS Dependant

Hi Members,

I'm on a Tier 2 ICT PBS dependent visa and my spouse is eligible for ILR(10 year route) on 14th Aug 2020.
Background:

Main Applicant:
1. Main Applicant in UK on Tier 2 ICT visa from 11th Sep 2010 (visa stamped on 6th Aug 2010)
2. Main Applicant current Tier 2 ICT BRP valid until Feb 2022 (note: there was previous 2/3 extensions done prior to this)
3. Main Applicant 540 days outside UK: No
4. Main Applicant 180 continuous days outside UK: No
5. Main Applicant Life in UK Certificate : Yes (received in mid of 2019)
6. Main Applicant language(B1 equivalent) certificate: UK Naric Certificate(received in May 2020)

Dependant (Mine)
1. UK Tier 2 ICT PBS dependent visa valid from June 2012
2. Current Tier 2 ICT BRP valid until Feb 2022 (note: there was previous 2/3 extensions done prior to this)
3. 540 days outside UK: No
4. 180 continuous days outside UK: Yes ( Between 7th Nov 2012 till 17th July 2013)
5. 10 year route eligibility date starts on: 18th July 2023 (This is because of more than 180 gap between 2012 & 2013)
6. Life in UK Certificate : Yes (received in mid of 2019)
7. Language certificate(B1 equivalent): Awaiting UK Naric certificate

Questions:

1. If my spouse applied for ILR in Aug or Sep 2020 and the application is in progress, Can I travel outside UK using my Tier 2 ICT PBS dependent visa for family events?

2. If my spouse 's employer requests HO to curtail Tier 2 ICT visa of the employee because she/he is no longer employed in UK, will there be an impact to my Tier 2 ICT PBS dependent visa/BRP? If yes, what is the impact?

3. If my spouse's Tier 2 ICT visa is curtailed, can I continue to work in UK using my PBS dependent visa until spouse's ILR application is approved?

4. If my spouse's Tier 2 ICT visa is curtailed, can I travel outside UK until spouse's ILR application is approved?

1. If my spouse applied for ILR in Aug or Sep 2020 and the application is in progress, Can I travel outside UK using my Tier 2 ICT PBS dependent visa for family events?

No, it is risky and you risk be refused entry to the UK on return (and yes, this has been reported by members on the forum). You should avoid travelling out of the UK until you have switched to FLR(M) spouse visa.

2. If my spouse 's employer requests HO to curtail Tier 2 ICT visa of the employee because she/he is no longer employed in UK, will there be an impact to my Tier 2 ICT PBS dependent visa/BRP? If yes, what is the impact?

The employer is required to inform UKVI via the SMS that the sponsored migrant is no longer employed with them. They have an obligation to do this within 10 days of the last date of employment. If your partners visa is curtailed, your visa will also be affected. Your partner cannot switch to Tier 2 General either. Presumably you are asking this question in a scenario BEFORE applying for ILR. A visa curtailment won't happen if an ILR application is pending. ILR and curtailment and two completely separate issues.

3. If my spouse's Tier 2 ICT visa is curtailed, can I continue to work in UK using my PBS dependent visa until spouse's ILR application is approved?

Yes.

4. If my spouse's Tier 2 ICT visa is curtailed, can I travel outside UK until spouse's ILR application is approved?

See my answer to question 1 above.

Thanks for CR001 for a quick response!!!

My spouse will apply ILR (10 year route) prior to the employer notifying HO on curtailment if the situation does arise.

If my spouse ILR is approved, is it mandatory for the PBS dependent visa to move to FLR(M) even though my existing dependent visa is valid till Feb 2022. The reason for this question is because there seems to be some eligibility criteria for FLR(M).

Also, is it mandatory that either my spouse or myself should be employed so I can switch to FLR(M)? If not, what are the alternate options which I can consider?

My spouse will apply ILR (10 year route) prior to the employer notifying HO on curtailment if the situation does arise.

It is not the employer that curtails a visa. Only UKVI has that power. The employer only notifies UKVI that the sponsored employee has left the company, that's it.

If my spouse ILR is approved, is it mandatory for the PBS dependent visa to move to FLR(M) even though my existing dependent visa is valid till Feb 2022. The reason for this question is because there seems to be some eligibility criteria for FLR(M).

Yes, if you plan on travelling out of the UK. No if you do not have travel plans. You will still need an extension to reach your own SET(LR) mark, which will be FLR(M) also. This rule has been in place since April 2014 that PBS dependents need to switch. See link below.

https://www.immigrationboards.com/immig ... 43881.html

Also, is it mandatory that either my spouse or myself should be employed so I can switch to FLR(M)? If not, what are the alternate options which I can consider?

Yes, evidence of meeting the financial requirements and English A1 requirement is mandatory. If you don't meet the requirements, you could consider FLR(FP) 10 year partner route, which doesn't have the English or financial requirement but is more difficult to get and can take a long time for a decision.

Thanks.

Therefore if I apply for FLR(M) extension prior (i.e the extension covers the dates of the SET(LR) eligibility date) to my current leave to remain (PBS dependent) expires (Feb 2022) then I should be eligible for ILR (SET(LR)) in 18th July 2023. My UK arrival was on 18th July 2013 since then there are no breaks of more than 180 continuous days or 540 days of total absence. And I plan no ensure on not exceed the allowed days of continuous stay.

Yes you can do that, but then you should not travel out of the UK. You risk being refused entry and returned to your home country as the purpose of your visa has changed if your spouse got ilr based in long residence. This also assumes that UKVI doesn't curtail your visa

Thanks.

I need to travel in Jan 2021 for my sister's marriage and was wondering if super priority service had resumed then, so my FLR(M) application can be submitted via priority or super priority service. This will allow me to travel outside UK and be back in Feb 2021 using FLR(M).

Please clarify. If this is best approach if I need to travel.

That would be the best approach yes, apply for FLR M before you travel so that you have your new brp card.

No one can say when super priority will be available again but it should be in a couple of months.

Thanks CR001!

The 6 months processing time for standard route ILR application is from the date of submission of application and payment or time from date of biometric submission?

UKVI consider the processing window from which date?

I found below service offering from UKVI. I believe I'm correct to assume that the 6 months processing window will commence from date ofapplication.

"Our service standard processing times for standard applications (6 months or 8 weeks depending on application type) will start when we receive your application."

Dhivyaa wrote: ↑

Fri Jul 31, 2020 10:46 am

I found below service offering from UKVI. I believe I'm correct to assume that the 6 months processing window will commence from date ofapplication.

"Our service standard processing times for standard applications (6 months or 8 weeks depending on application type) will start when we receive your application."

Your application will not be processed until you enrol your biometrics in mots cases. Right now, this might be a bit different

Thanks. Because in SET(LR) timeline thread I could see applicants who applied in march 2020 but had their biometrics scheduled moved from April to mid of June 2020 due to the lockdown situation. The applicant had received approval confirmation letter by end of june 2020. Therefore I was wondering if the case worker had progressed(i.e looked into it for decision making) the application only after the submission of biometric or they look into the submitted docs but just want on the decision making after the biometrics.

Dhivyaa wrote: ↑

Fri Jul 31, 2020 12:38 pm

Thanks. Because in SET(LR) timeline thread I could see applicants who applied in march 2020 but had their biometrics scheduled moved from April to mid of June 2020 due to the lockdown situation. The applicant had received approval confirmation letter by end of june 2020. Therefore I was wondering if the case worker had progressed(i.e looked into it for decision making) the application only after the submission of biometric or they look into the submitted docs but just want on the decision making after the biometrics.

We do not have a glass ball. UKVI will process the application and they may or may not process it before/after the biometrics.