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Tier 2 dependent ILR options
Posted: Thu Nov 09, 2017 3:47 pm
by siddpaturi
Hi All
I have recently got ILR (Long residency route) from Tier 2 General. My wife and kid (born in UK) are on Tier 2 dependent visa till Nov 2019. I know I can apply naturalization for my kid, but wondering if my wife can continue to remain as Tier 2 dependent till end of her leave or I have to transfer to ILR dependent (Family visa). She will complete 5 years on Tier 2 dependent in Dec 2018 (current leave runs out Nov 2019) I have two questions:
1. Can my wife continue as Tier 2 dependent even though I am not Tier 2 General anymore?
2. If she can continue, I cant seem to find any guidance documents confirming the same? So far I have only had mix responses from immigration consultants/lawyers, majority of them saying that she has to transfer to a Family visa as my Tier 2 is now invalid.
As always, thanks very much for your advice and time.
Regards
Sid
Re: Tier 2 dependent ILR options
Posted: Thu Nov 09, 2017 3:49 pm
by makky86
siddpaturi wrote: ↑Thu Nov 09, 2017 3:47 pm
Hi All
I have recently got ILR (Long residency route) from Tier 2 General. My wife and kid (born in UK) are on Tier 2 dependent visa till Nov 2019. I know I can apply naturalization for my kid, but wondering if my wife can continue to remain as Tier 2 dependent till end of her leave or I have to transfer to ILR dependent (Family visa). She will complete 5 years on Tier 2 dependent in Dec 2018 (current leave runs out Nov 2019) I have two questions:
1. Can my wife continue as Tier 2 dependent even though I am not Tier 2 General anymore?
Yes she can contine on pbs depdent until she quality for ILR.
2. If she can continue, I cant seem to find any guidance documents confirming the same? So far I have only had mix responses from immigration consultants/lawyers, majority of them saying that she has to transfer to a Family visa as my Tier 2 is now invalid.
As always, thanks very much for your advice and time.
Regards
Sid
Re: Tier 2 dependent ILR options
Posted: Thu Nov 09, 2017 3:57 pm
by CR001
makky86 wrote: ↑Thu Nov 09, 2017 3:49 pm
siddpaturi wrote: ↑Thu Nov 09, 2017 3:47 pm
1. Can my wife continue as Tier 2 dependent even though I am not Tier 2 General anymore?
Yes she can contine on pbs depdent until she quality for ILR.
No she cannot. As the OP got ILR based on long residence, the dependent only has the option of FLR(M) spouse visa. The rules changed in April 2104.
immigration-for-family-members/dependan ... 43881.html
Re: Tier 2 dependent ILR options
Posted: Thu Nov 09, 2017 4:16 pm
by makky86
CR001 wrote: ↑Thu Nov 09, 2017 3:57 pm
makky86 wrote: ↑Thu Nov 09, 2017 3:49 pm
siddpaturi wrote: ↑Thu Nov 09, 2017 3:47 pm
1. Can my wife continue as Tier 2 dependent even though I am not Tier 2 General anymore?
Yes she can contine on pbs depdent until she quality for ILR.
No she cannot. As the OP got ILR based on long residence, the dependent only has the option of FLR(M) spouse visa. The rules changed in April 2104.
immigration-for-family-members/dependan ... 43881.html
I am extremely sorry , I over saw the part the OP got ILR based on long residence not t2
Re: Tier 2 dependent ILR options
Posted: Thu Nov 09, 2017 4:24 pm
by siddpaturi
CR001 wrote: ↑Thu Nov 09, 2017 3:57 pm
makky86 wrote: ↑Thu Nov 09, 2017 3:49 pm
siddpaturi wrote: ↑Thu Nov 09, 2017 3:47 pm
1. Can my wife continue as Tier 2 dependent even though I am not Tier 2 General anymore?
Yes she can contine on pbs depdent until she quality for ILR.
No she cannot. As the OP got ILR based on long residence, the dependent only has the option of FLR(M) spouse visa. The rules changed in April 2104.
Thanks.
1. I am guessing this has to be done within 28 days of main applicants switch to ILR?
2. She has to be on spouse visa for five years before she qualifies for ILR?
immigration-for-family-members/dependan ... 43881.html
Re: Tier 2 dependent ILR options
Posted: Thu Nov 09, 2017 4:27 pm
by CR001
siddpaturi wrote: ↑Thu Nov 09, 2017 4:24 pm
Thanks.
1. I am guessing this has to be done within 28 days of main applicants switch to ILR?
2. She has to be on spouse visa for five years before she qualifies for ILR?
1. No it does not. But the sooner she does it the sooner her clock towards ILR based on 5 years can start. Also, very risky to travel out of the UK if she has not switched visa to FLR(M).
2. Yes, 2 x 2.5 year visas (she loses the time already spent in the UK and it won't count for ILR based on 5 years residence) OR if she reaches 10 years long residence herself at any point.