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Can Tier 2 dependent travel after Main Applicant is granted SET LR?

Posted: Thu Nov 02, 2017 11:38 pm
by JSII1416
Hi All,

I was on a Tier 2 General visa, and just got granted an ILR based on Long Residence. My spouse is on the Tier 2 dependent visa and I am aware that she will need to switch to FLR (M) for her 5 year residence clock to get restarted (her Tier 2 dependent visa was granted just last year - so the wait would be similar in both cases).
My query is: can she travel outside the UK on her current Tier 2 dependent or will she not be allowed back in since the Main Applicant (myself) has been granted a long residence ILR? Does anyone here have experience with a situation like this? We are trying to find out whether we need to make the FLR (M) application for her before she travels, or if the current Tier 2 dependent visa will be fine for travel. Haven't seen any clear advice from UKVI on the travel aspect - even though they do stress that PBS dependents need to switch immediately to FLR M if the main PBS applicant gets SET LR.
Thank you in advance for your help!

Re: Can Tier 2 dependent travel after Main Applicant is granted SET LR?

Posted: Fri Nov 03, 2017 12:18 am
by vinny
No. Should switch to FLR(M) before travel.

Re: Can Tier 2 dependent travel after Main Applicant is granted SET LR?

Posted: Fri Nov 03, 2017 12:04 pm
by JSII1416
Thanks for replying. Would really appreciate it if you could refer me to some sort of guidance on this. The UKBA guidance on this is unclear from what I have seen, the PBS dependent visa itself doesn't seem to be curtailed but we are still urged to switch to FLR M to restart the clock. No mention of problems when re-entering the UK. In fact I have seen some posts on this forum saying they had no issues getting back in, in a similar situation. Anecdotal evidence, hence why I was wondering if you had come across any clear guidance on this? Thanks again