Tier2 General Dependent Visa, ILR on Switching Visa & Curtailment Window

Hi - Please help with your valuable advise on the below queries :

1) I'm on a Tier 2 General Dependent Visa from my Spouse whose in UK since Oct'2014 & I'd joined him in UK in Mar'2015. Since, both our Visas were effective from Oct'2014, my understanding is that both of us will be eligible for ILR in Oct'2019 on 5 years completion including me, even though I joined him in Mar'2015 or for me would the 5year continuous stay period culminate in Mar'2020 ? Please confirm.

2) His work assignment has got over & he has been asked to relocate to India shortly, after which his Visa will be curtailed. My employer has confirmed that there is a standard 60-days Curtailment Window, during which I have right to live & work in UK, unless a prior date is communicated by Home Office via Post. In this case, once my Spouse leaves UK let say in 1 week while I'll still be in UK, will I get a 60 day safe curtailment window or would it be shorter/immediate ? Please confirm a minimum safe period typically granted by Home Office when main applicant has exited UK & dependent is still in UK, so as to avoid being classed as an 'OverStayer'.

3) I'm getting a New Employer who are willing to sponsor a 'Tier 2 General' visa for me & Dependent visa for my spouse, processing of which will be carried out from India over a 2-month process. Let say I leave UK my mid-Dec & come back by mid-Feb on a 'Tier 2 General Visa', will I be still eligible for attaining my ILR owing to 5years continuous stay in UK in Oct'2019/Mar'2020 ; since the 60 days gap period being out of UK has been lifted wef 11-Jan-2018 ? Please confirm.

4) Also, will my Spouse be eligible for attaining ILR on 5year continuous stay in Oct'2019 having moved from 'Tier 2 General Visa' to 'Tier 2 General Dependent Visa' & being out of country for more than 60 days (during Dec'18-Feb'19) ? Please confirm.

Looking forward to hearing soon, Thanks Much.

1. It is mostly unclear for members. HO might view your late arrival as only qualifying for ILR from arrival date.

2. If his visa is curtailed, yours will likely also be curtailed to 60 days. You only have a right to live/work in the UK though if the main tier 2 visa holder is in the UK.

3. No. Your clock resets to zero and a new 5 year residence period for ILR. You cannot combine time spent as Tier 2 dependent and Tier 2 main visa holder to make up 5 years for ILR. You need EITHER 5 years as Tier 2 dependent OR 5 years as Tier 2 main visa holder. Note the employment gap lifted was ONLY relevant to main Tier 2 General visa holders and NOT dependents.

4. No. See why in #3 above.

Hi - I'm new to this Forum, please help with your valuable advise on the below queries :

1) I'm on a Tier 2 General Dependent Visa from my Spouse whose in UK since Oct'2014 & I'd joined him in UK in Mar'2015. Since, both our Visas were effective from Oct'2014, my understanding is that both of us will be eligible for ILR in Oct'2019 on 5 years completion including me, even though I joined him in Mar'2015 or for me would the 5year continuous stay period culminate in Mar'2020 ? Please confirm.

2) His work assignment has got over & he has been asked to relocate to India shortly, after which his Visa will be curtailed. My employer has confirmed that there is a standard 60-days Curtailment Window, during which I have right to live & work in UK, unless a prior date is communicated by Home Office via Post. In this case, once my Spouse leaves UK let say in 1 week while I'll still be in UK, will I get a 60 day safe curtailment window or would it be shorter/immediate ? Please confirm a minimum safe period typically granted by Home Office when main applicant has exited UK & dependent is still in UK, so as to avoid being classed as an 'OverStayer'.

3) I'm getting a New Employer who are willing to sponsor a 'Tier 2 General' visa for me & Dependent visa for my spouse, processing of which will be carried out from India over a 2-month process. Let say I leave UK by mid-Dec & come back by mid-Feb on a 'Tier 2 General Visa', will I be still eligible for attaining my ILR owing to 5years continuous stay in UK in Oct'2019/Mar'2020 ; since the 60 days gap period being out of UK has been lifted wef 11-Jan-2018 ? Please confirm.

4) Also, will my Spouse be eligible for attaining ILR on 5year continuous stay in Oct'2019 having moved from 'Tier 2 General Visa' to 'Tier 2 General Dependent Visa' & being out of country for more than 60 days (during Dec'18-Feb'19 period) ? Please suggest.

Appreciate your prompt response in this regard. Thanks Much.

Topics merged!!

No need to start duplicate topics when you have already received a response to the one you posted yesterday.

Hi,

Appreciate your prompt response.

I do understand that once my Spouse leaves UK in next 1 week, his employer will curtail his Visa in which case there will be a 60 day curtailment window. My Employer has got a confirmation from their Immigration Team that during the Curtailment Window, I have right to live/work in UK.

The question is once he exits UK while I'm still there, does the HO have a typical 60 day window for all scenarios or in this case, once his Employer informs HO that he has left UK, will the HO truncate 60 day curtailment window to say 30 days or possibly immediate depending on his last day in UK ? Please advise.

Incase of being classed as an 'OverStayer', my understanding is that there is still a safe window of 14 days granted as per the HO guidelines. So, can I assume that once he exits UK, at worst case, I'm eligible to stay in UK for atleast 14 days from his departure date ? Please confirm.

Looking forward to hearing soon, Thanks Much.

his employer will curtail his Visa in which case there will be a 60 day curtailment window. My Employer has got a confirmation from their Immigration Team that during the Curtailment Window, I have right to live/work in UK.

The employer DOES NOT curtail the visa, Home Office do. The curtailment period starts from the date of the curtailment letter which HO sends. While in the 60 days curtailment, all the normal visa conditions apply so you are therefore not able to work for another employer at all.

The question is once he exits UK while I'm still there, does the HO have a typical 60 day window for all scenarios or in this case, once his Employer informs HO that he has left UK, will the HO truncate 60 day curtailment window to say 30 days or possibly immediate depending on his last day in UK ? Please advise.

It is 60 days, which is why it is called '60 days curtailment'. The only time it is NOT 60 days, is when the visa validity is already less than 60 days.

Incase of being classed as an 'OverStayer', my understanding is that there is still a safe window of 14 days granted as per the HO guidelines. So, can I assume that once he exits UK, at worst case, I'm eligible to stay in UK for atleast 14 days from his departure date ? Please confirm.

You should plan accordingly. You know he is leaving, you know the visas will be curtailed, so plan your departure before you become an overstayer.