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Dependent Visa Category when spouse is having ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ramsgct
Newly Registered
Posts: 1
Joined: Mon Jul 12, 2021 11:28 am
India

Dependent Visa Category when spouse is having ILR

Post by ramsgct » Mon Jul 12, 2021 11:42 am

Hi,

My husband received ILR in Jan 2021 after completing 5 years in Tier 2 General Visa. I came to UK as his dependent on Dec 2016 and eligible for ILR on 4th Dec 2021, but my current visa is expiring on 14th Sept 2021. I have around 2.5 months for ILR. Can you please advise if I can wait to apply for ILR(as ILR can be applied before a month - 4th Nov 2021) or I need to get a visa to bridge the 2.5 months? If so what is the visa category I need to apply? Should I apply as PBS dependent(skilled worker dependent)?

Thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Dependent Visa Category when spouse is having ILR

Post by manci » Tue Jul 13, 2021 11:49 am

To avoid becoming an overstayer you must make an application before your current permission expires.

In your case this should be an application to extend your dependant permission in the Skilled Worker dependant category even though your husband has ILR. There is no choice as regards the length of the extension, it is 3 years.

However, you can vary this application to an ILR application before a decision is made on it, preferably before you attend biometrics. Apply for the extension just before your current permission expires and try to delay the biometrics appointment as long as possible, then apply for ILR on the earliest date you become eligible for it. The ILR application will override the extension application provided the extension application hasn't been decided yet.
Personal opinion, not professional or legal advice

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