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ILR dependant or PBS dependant

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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SD001
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Joined: Fri Nov 16, 2018 10:42 am
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ILR dependant or PBS dependant

Post by SD001 » Fri Nov 16, 2018 10:57 am

Hi, I came to Uk in January 2014 on Tier 2 dependant visa(dependant on my husband). I switched to Tier 2 main visa in April 2017 as my employer sponsored for my visa. My husband got his ILR in September 2018 and I want to switch as my husbands dependant. I have 2 questions

1) Am I eligible for ILR in January 2019 as I completed 5 years on tier 2 visa( 2.5 years tier 2 dependant + 2.5 years tier 2 main)
2) If I switch to my husbands dependant what visa I have to apply for ILR dependant or PBS dependant

What are best options for me to have minimal visa fees and get ILR quickly

Thanks in advance for your valuable suggestions

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CR001
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Re: ILR dependant or PBS dependant

Post by CR001 » Fri Nov 16, 2018 11:03 am

1. No you are not eligible for ILR. You cannot combine pbs dependent and pbs main visa holder time to make up 5 years for ILR. Your clock was reset to zero when you got tier 2 main visa.

2. If your husband now holds ILR, you can apply for a spouse visa (ILR dependent as you call it though this is not a visa name) on form FLR M which will reset your clock again and a new 5 year period (2 x 2.5 year visas) for ILR based on 5 years residence.

There is no quicker or shorter route to ILR. You either stay as tier 2 visa holder or switch and rest your clock again.

Note that all visa would count for ILR based on 10 years long residence if you meet those requirements in 2024.
Char (CR001 not Casa)
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vinny
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Re: ILR dependant or PBS dependant

Post by vinny » Fri Nov 16, 2018 11:11 am

1) No.
2) Your choice, if he was granted ILR under PBS and you are switching in the UK. 5 years will be reset in both cases. Else, as CR001 stated, spouse leave.

Why didn't you remain as a PBS dependant instead of changing to Tier 2 ?
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