Tier 2 Dependent , Partner moved on ILR

Dear all,

With all the good news with my ILR application but my wife is still in Tier 2 dependent visa and it is still valid until Sep 2017. I know she needs to go onto FLR (?) for 5 years.

Now with her current visa tier 2 dependent ( Valid till Sep 2017 ) can she travel abroad and return to UK or

she must apply for FLR(?) and then go abroad because I have just got my ILR on 10 years basis.

Please urgent suggestion would be greatly appreciated.

Kind regards,
N

On what basis did you get ILR (5 years Tier 2 or 10 years long residence)?

I got my ILR on 10 years Basis.

CR001 wrote:On what basis did you get ILR (5 years Tier 2 or 10 years long residence)?

I got my ILR on 10 year Basis.

My wife is still on tier 2 dependent.

Kind regards,
N

She should switch to FLR(M), 5-year route, before travelling.

I think if u r not on tier 2 visa any more now she can't stay on tier 2 Depandant as she is tied with ur visa..
Someone pl confirm this...

nisarmalik wrote:I think if u r not on tier 2 visa any more now she can't stay on tier 2 Depandant as she is tied with ur visa..
Someone pl confirm this...

If the OP had got his ILR based on Tier 2 G and 5 years residence, then his dependents can continue as Tier 2 G Dependents until they qualify for ILR and apply on form Set(O). The rules allow this. It is well documented on the forum.

The OP applied for ILR based on long residence and the rules for dependents are different and they have to switch to FLR(M). This information is well documented on the website.

Important information to know.
Thanks Char for this.

Thanks for the information

CR001 wrote:

nisarmalik wrote:I think if u r not on tier 2 visa any more now she can't stay on tier 2 Depandant as she is tied with ur visa..
Someone pl confirm this...

If the OP had got his ILR based on Tier 2 G and 5 years residence, then his dependents can continue as Tier 2 G Dependents until they qualify for ILR and apply on form Set(O). The rules allow this. It is well documented on the forum.

The OP applied for ILR based on long residence and the rules for dependents are different and they have to switch to FLR(M). This information is well documented on the website.

1) Does this mean that she needs to change her visa status using FLR(M) application?
2) Does it mean as soon as I was granted ILR(10 years) , her visa became invalid?

second question is really important to know.

Kind regards,
N

1. Yes and she should change to FLR(M) before she travels out of the UK as she risks not being allowed back in on her PBS dependent visa. Switching to FLR(M) will also reset her clock for ILR to zero and she will have to wait another new 5 year period (2 x 2.5 year visas) before she can apply for ILR.

2. Yes, technically although she won't be considered an 'overstayer' or a person with no status.