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Dependents status after main applicant obtains ILR
Posted: Sun Apr 22, 2018 4:11 pm
by Maverick15
Hi,
I am currently on tier 2 visa valid till Nov 2018. My partner currently is on tier 2 dependent visa (has been on this visa for 2years) and his visa is valid till Nov 2018 as well. I am going to apply for ILR via long residence route in August 2018. I wanted to know if my partner need to apply for ILR dependent visa in august as well, considering his current visa is valid till November 2018. Can we wait till Nov 18 to change his visa?
Thank you
Re: Dependents status after main applicant obtains ILR
Posted: Sun Apr 22, 2018 4:25 pm
by Casa
He will have to switch to FLR(M) which will reset his immigration clock to zero, putting him on new 5 year route to Settlement (ILR).
Providing he has no intention on travelling outside of the UK, he can wait until November before switching.
Re: Dependents status after main applicant obtains ILR
Posted: Sun Apr 22, 2018 4:45 pm
by shinhwa
He doesn't need to switch to other type visa, do not do that! As Tier 2 is on PBS route, he can extend his dependant visa within 28 days before its expiry date. The extension one will be granted for lasting next 3 years, then he will be meeting the rules of qualified period(5 years in UK), which means he can apply for his ILR at that time.
Re: Dependents status after main applicant obtains ILR
Posted: Sun Apr 22, 2018 5:27 pm
by Casa
shinhwa wrote: ↑Sun Apr 22, 2018 4:45 pm
He doesn't need to switch to other type visa, do not do that! As Tier 2 is on PBS route, he can extend his dependant visa within 28 days before its expiry date. The extension one will be granted for lasting next 3 years, then he will be meeting the rules of qualified period(5 years in UK), which means he can apply for his ILR at that time.
Incorrect advice! He will be unable to extend his visa as a PBS Dependent as the sponsor (spouse) is applying for
ILR under 10 years long residence, not under the 5 year route to ILR.
Re: Dependents status after main applicant obtains ILR
Posted: Mon Apr 23, 2018 1:33 pm
by Maverick15
Casa wrote: ↑Sun Apr 22, 2018 4:25 pm
He will have to switch to FLR(M) which will reset his immigration clock to zero, putting him on new 5 year route to Settlement (ILR).
Providing he has no intention on travelling outside of the UK, he can wait until November before switching.
Thank you so much for the information.
I have been trying to find this info on UKVI website but haven't had luck. Is there a link you would be able to post that I can use.
Thank you
Re: Dependents status after main applicant obtains ILR
Posted: Mon Apr 23, 2018 2:13 pm
by Casa
The Rules for PBS Dependants changed in April 2014 and there have been recent updates in January of this year. Have a read through the following:
immigration-for-family-members/ilr-pbs- ... l#p1005367