Tier1(Partner) to Tier2(Main) and aggregation to ILR

Hi

The subject line looks simple but we have been confused by a solicitor and also worried about certain timelines, hence unable to plan well - so hope someone out here guides us the best route.

I am a dependant on my husband's tier1 visa, issued in Aug 2010 valid till 15th Aug 2012. I am working as a software professional at an org in Manchester & my hubby as a delivery manager at another firm. He needed 75K to renew his Tier1, however cannot meet he requirement as he was made redundant in Dec 2011, as he suffered from pneumonia for 3 months which led to termination of his employment. When he revived in Feb 2012 he could not get any offer inspite of his good experience as he only had 6 months on his visa and no employer was willing to sponsor a fresh Tier2 for him.

Luckily my org offered to sponsor my Tier2 - as a result I will become main sponsor and he will be a dependant, free to work and hopefully bag an opp when he has a long 3 yrs window as my dep. So far so good.

I am aware that I am a T1G dep so to get T2G will have to do fresh entry clearance (is that true?). My org has started a RLMT on 5th of June to finish by 5th of July - so that they can get my retricted CoS. Hopefully they will get my CoS by 10th of July so that I may be able to get a VFS Delhi appointment by 15h of July. That ways I may be able to get a visa by end of July.

My queries (finally):

1. My co is asking me to get my Tier2G alone first - that is goto india on 15th July and hopefully return by 1st of Aug. Then they suggest my son & hubby should travel to india and get a VFS appt to hopefully get their dep visa by 15th of Aug - as I know my hubby cannot switch from Tier1G to Tier2G dep within country. Is this a good option or should I travel along with my family to file Tier2Main+dep together? Think first is a good option is because say by chance I dont get a Tier2 visa, then my hubby and son can atleast windup house, school, stuff etc in UK and return. Whereas if we go together and I dont get visa, then what happens to our house, stuff etc in UK - how will we wrap that up?

2. One solicitor suggested that if we as a family are able to return to UK before the 15th of Aug - i.e. expiry of my hubby's Tier1G visa, we may be able to aggregate Time spent on Tier1G (2yrs) with my fresh Tier2G visa. I am not sure whether this is correct or not, as that will put pressure on us to meet deadlines of 15Aug.

3. Posts here & logic says that if I come on a fresh Tier2G and my hubby becomes dependant, the ILR clock will be rest to zero, but the solicitor says he has taken many cases to aggregate such times towards ILR.

4. London Olympics could affect visa/Tier2 timelines as focus would shift on visitor visas hence if pt 1 & 2 are true, and if I travel alone to hope to return by 1st of Aug - we as a family may not be able to meet the 15th Aug deadline (of expiry of my hubby's TiG visa).

5. So logic says that we travel together on the 15th of July to assume that a 1 month window will be enough to get mine as well as my family's T2G visa. That ways, we may be able to (?) save 2 yrs out of 5 yrs ILR timeframe. But worry is that if I dont get visa and we all are in india, then what happends to our house and stuff here. How will we wind that as we will not be able to reenter UK to do that.

Sorry for a long mail, but we are very confused - one fearing delays because our T2G filing falls in the Olympics window, so possible delays & secondly we want to save the 2 yrs spent here if what the sol says is true.

Any suggestions or plans to mitigate our worries or to justify what the sol says is true or not? Or any ways to fast track what we want to do (albeit yet to complete RLMT & receive a CoS - so a premature question)

Thx.
ManchesterCouple

1. Up to you - if you are making a good application then no reason why your dependent applications will be refused but I can see why you would want your husband to apply later given the timeframes and risk of losing money

2 & 3. The rules are clear and time cannot be aggregated. See 245HF(c) Ask the solicitor for evidence of such cases. I bet he can't provide it!

4. Yes Olympics may delay the issue of your visa

5. You won't save any time for ILR as already explained. Given the risk of the delays then yes your husband may be better off remaining in the UK in case you don't have a decison in time and he needs to pack things up and return home.