UK Tier 2 partner to ILR independently?

Happy New Year people!

Would appreciate any insights on what i think to be a rather complex situation.

I have a Tier 2 partner visa sponsored by my ex partner who got here as a Tier 2 ICT.
I have been in the UK for almost 5 years and my T2 partner Visa expires soon.

Q1: Can I apply independently for an ILR and is there anything that my ex could do (without malicious intention obviously) to hinder this?

Q2: When can i apply for the ILR (before or after the expiration of visa) and would that affect my work?

Q3: Do I need to prove that I am still in civil partnership with my ex at the time of the ILR application?

Many thanks y'all!
MJ

No, unfortunately you cannot apply for ILR, as a PBS dependent, independently from the main tier 2 visa holder for ILR based on 5 years. The immigration rules don't permit it, that is besides the fact that your ex holds a visa (tier 2 ICT) that doesn't qualify for ILR based on 5 years residence anyway.

You will either need to find a visa you qualify for yourself or leave the UK.

How long have you been separated?? HO should have been informed when the relationship broke down.

Many thanks for the speedy response CR.

Freudian slip here, not an ex yet ( he doesn't know haha).

So if he decides to apply for an ILR himself (assuming that I am wrong and he doesn't have an ICT) would I be able to apply, independently for an ILR then?

No. You still need his support to apply for ILR and evidence of subsisting relationship.

You must either apply with him or apply after he already has ILR, if he qualifies, but you still need his support and documents and evidence of subsisting relationship.

If it is an ICT visa, he cannot apply for ILR anyway and neither can you then.

Different visas have different rules, so to avoid any misleading advice, I suggest you check what visa category you hold.

Just found out he's Tier 2 General.
So if he decides not to act (i.e return home, or extend his visa or whatever) I cannot apply for ILR on my own?
My application will always be contingent on his?

Just found out he's Tier 2 General.

If he qualifies and meets all the requirements then yes he can apply.

So if he decides not to act (i.e return home, or extend his visa or whatever) I cannot apply for ILR on my own?

Correct yes. Your visa is wholly dependent on him and his process and applications.

My application will always be contingent on his?

For ILR based on 5 years residence as a dependent yes.

You can of course find a visa you qualify for and apply to stay, whatever your circumstances are.

Thank you so much for the assistance.

My application will always be contingent on his?

For ILR based on 5 years residence as a dependent yes.
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So there is no case where our Visas will ever become "detached"?
How could an ILR be granted under someone else, I would assume that a ILR is equal to permanent residency and hence free of any restrictions, no?

anddd wrong use of quotes haha. Apologies

So there is no case where our Visas will ever become "detached"?

ILR is the point you no longer 'depend' on him.

How could an ILR be granted under someone else, I would assume that a ILR is equal to permanent residency and hence free of any restrictions, no?

You are wholly dependent on him in immigration terms. If he doesn't apply for ILR, neither can you based on 5 years dependent visa. If he applies and is refused, you will also be refused.

Yes, ILR is the same as Permanent Residency, but in order to get ILR, you have to prove what the immigration rules say as you are on a visa which is a Dependent Partner visa.

Don't make the mistake of thinking that there are no requirements at all that a Tier 2 dependent must meet and it is only the main Tier 2 holder that has to meet them. There are many you both have to meet in order to get ILR.

If I am understanding correctly, it appears you merely want ILR but not the relationship. Have you got another partner that you could potentially apply for a dependent or partner visa??

Many thanks again for your insightful responses, they make sense.

If I am understanding correctly, it appears you merely want ILR but not the relationship. Have you got another partner that you could potentially apply for a dependent or partner visa??

Well my point is to be able to stand on my own without depending on him any more and carry on with my life here freely.

Glad you asked that, cause that was going to be my next question. I have a partner that is an EEA national, does that simplifies things at all?

Could we get married for example while i'm on T2 dependent visa? Or could he sponsor me instead?

Would I have to leave the country and re-enter or anything like that?

And I would assume that any action like the above mentioned would reset any clocks that are ticking that will enable me to stand on my own here, right?

Well my point is to be able to stand on my own without depending on him any more and carry on with my life here freely.

When do you anticipate leaving your current partner? Are you married or unmarried partners?

Glad you asked that, cause that was going to be my next question. I have a partner that is an EEA national, does that simplifies things at all?

Not as an unmarried partner as your rights under the EEA rules are not automatic and to qualify for a residence, which would require 2 years evidence of cohabitation and relationship akin to marriage. How long have you been together??

Could we get married for example while i'm on T2 dependent visa? Or could he sponsor me instead?

Depends if you are married at present or not and when your visa expires.

Would I have to leave the country and re-enter or anything like that?

Depends on the answers above.

And I would assume that any action like the above mentioned would reset any clocks that are ticking that will enable me to stand on my own here, right?

Correct, you would then again be wholly dependent on your EU partner, assuming the partner is a qualified person exercising treaty rights or holding PR and is not British (different rules apply to British partners).

You also need to factor in Brexit and all the changes that will be coming in.

Jesus, what a nightmare.

We are not married with the person whose Visa i am under.

Not as an unmarried partner as your rights under the EEA rules are not automatic and to qualify for a residence, which would require 2 years evidence of cohabitation and relationship akin to marriage. How long have you been together??

We have been together for two years and shadow-living together for more than one year. As you can understand though I am not sure if this time could count towards the 2 years (since i am being under someone else's Visa)

Depends if you are married at present or not and when your visa expires.

No not married yet. If we decide to do it with current partner would it be better to do it before or after visa expiration you think?

Would I have to leave the country and re-enter or anything like that?

And I would assume that any action like the above mentioned would reset any clocks that are ticking that will enable me to stand on my own here, right?

Correct, you would then again be wholly dependent on your EU partner, assuming the partner is a qualified person exercising treaty rights or holding PR and is not British (different rules apply to British partners).

You also need to factor in Brexit and all the changes that will be coming in.
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My partner is an EU national with PR and in the process of getting the British Nationality. Would that make it somehow easier? I need a break from somewhere haha

If your partner becomes British, you can't be sponsored under the much cheaper eea route as your partner will only be considered British in the UK and not an EU citizen for immigration purposes.

We have been together for two years and shadow-living together for more than one year. As you can understand though I am not sure if this time could count towards the 2 years (since i am being under someone else's Visa)

Not sure what you mean by "shadow living". You must have 24 months provable and physical evidence of living in a relationship akin to marriage, this is mandatory.

No not married yet. If we decide to do it with current partner would it be better to do it before or after visa expiration you think?

Whe exactly does your visa expire?? You cannot remain in the UK once your visa expires. You will be an overstayer and it will have long running effects.

To marry in the UK, you and your new partner have to give 28 days notice at an HO approved registry office, with passports and visa evidence for you. The registry office then have to inform HO, who could extend the notice period to 70 days to investigate and or interview each of you separately, before granting or refusing permission to marry in the UK. Note that this will trigger scrutiny if your current visa and might cause HO to further investigate you and curtail/cancel your visa.

Sorry if i wasn't clear. Shadow-living i meant that i am not on any official paperwork in this living arrangement. We hold bank accounts together but as I said i am not sure if i could even count that period since i am supposed to be living with my visa sponsor, no?

Visa expires in 11 months and not planning on overstaying it. I am only seeking for the best /cheapest/easiest option to carry on with my life as it stands. I intend to keep my status (dependent) as is till my visa is close to expiry and then act. I am aware of the extra scrutiny so I do not want to provoke or attract any unnecessary attention until is absolutely necessary.

I am assuming then that proving cohabiting for the past 2 years goes out of the window so only route would be getting married and potentially outside of the UK in order to avoid potential surprises, correct?
Question is if we do that, if we get married outside of the UK then do I need to go back to my home country and apply from there for a new form of visa in order to return to the UK?
You're being ultra-helpful, wish I could buy you a cookie

If you marry in the UK, you can change categories within the UK.

Just giving heads up of the process. Best to start planning well in advance of your visa expiring. Note that visa curtailment takes a few weeks to get sent out.

Note the Brexit stuff if your partner is only an EU citizen. It gets a little more complicated.

If he is British at that time, then fairly easy to change to a spouse visa if you meet all the requirements and have the money to pay the ridiculous costs.

Alternatively, if you can get past the ILR line with your current partner and his support and then leave him in a few months, this will be the easier way to do without all the malarkey.

Note the Brexit stuff if your partner is only an EU citizen. It gets a little more complicated.

I thought you mentioned above that it is easier if my partner is an EEA national rather than a British National as it is easier to get sponsored or settled under the EEA path, no?

Alternatively, if you can get past the ILR line with your current partner and his support and then leave him in a few months, this will be the easier way to do without all the malarkey.

That's what i think is the best approach too