Tier 2 (General) switches to BNO dependant visa

Hello, My wife is a Tier 2 (General) visa holder valid until 2023 and would be able to apply for ILR by then. As I am originally from Hong Kong holding British National Overseas (BNO) passports and she would like to change her current job, I am planning to apply the BNO visa and she will apply as the dependent of the BNO visa.

Would like to see if anyone can help on the following questions:
1. Currently I am holding T2 dependant visa which under the 5 year route I have stayed in the UK 2 years fewer than her (she had the T2 visa in 2018 and I joined her visa in 2020). As both T2 and BNO visa are under the 5 year route to ILR, in this case when in 2023 (which I still have 2 years to wait) can she apply the ILR earlier than me under the BNO dependant visa?

2. As we have paid the IHS surcharge for both of the T2 and T2 dependent visa till 2023, if we apply the BNO visa and paid another IHS surcharge now, will we get refund for the surcharge we haven't used under T2 visa?

Many Thanks.

1. No, as a dependent, she will need 5 years as a BNO dependent as far as I understand. She could only combine the tier 2 general time if she was the main BNO applicant and visa holder.

2. Possibly, but no guarantee.

CR001 wrote: ↑

Thu May 27, 2021 11:58 am

1. No, as a dependent, she will need 5 years as a BNO dependent as far as I understand. She could only combine the tier 2 general time if she was the main BNO applicant and visa holder.

2. Possibly, but no guarantee.

Thanks a lot for your reply. So that means even though she is T2 holder and can apply ILR in around 2 years, she will still need to wait for the main applicant to achieve the 5 years time before she can apply for ILR when she switched to BNO dependant visa?

Yes.