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ILR for spouse- Tier 2 then spouse visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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futuregp
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ILR for spouse- Tier 2 then spouse visa

Post by futuregp » Sat Jun 15, 2019 7:35 pm

Dear friends, I have applied for Tier 2 dependent visa for my wife based on my current job which will terminate in the next 3 weeks. I have applied for a 3 year Tier 2 visa transfer to work for 3 years as a GP trainee in the NHS, which should be coming imminently during the next 5 weeks. I will be eligible for ILR in December 2021 after being in the UK for 5 years on Tier 2.
My question is: if my wife completes 5 years in the UK as a Tier 2 dependent till I get my ILR in December 2021 (3 years), then applies and stays as the spouse of a settled British ILR holder for 2 years, will she then qualify for ILR after living in the UK for 5 years continuously without any breaks (3 years as a Tier 2 dependent and 2 years as a wife of a settled UK resident?
Thanks again for this awesome forum!

Future GP

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Casa
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Re: ILR for spouse- Tier 2 then spouse visa

Post by Casa » Sat Jun 15, 2019 7:42 pm

No, as it's not possible to combine time spent on the two visa categories. She should continue to extend her current Tier 2 Dependent visa until she completes 5 years under this category.

If she switches to a spouse visa her immigration clock will be reset to zero, putting her on a new 5 year path to settlement (ILR). She would only be required to switch if you were granted ILR under 10 years long residence. :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

futuregp
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Re: ILR for spouse- Tier 2 then spouse visa

Post by futuregp » Sat Jun 15, 2019 7:55 pm

I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?

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Casa
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Re: ILR for spouse- Tier 2 then spouse visa

Post by Casa » Sat Jun 15, 2019 8:31 pm

futuregp wrote:
Sat Jun 15, 2019 7:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
Have I missed something here? Why didn't your wife extend her Tier 2 visa before expiry? Is she currently in the UK with no valid leave :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

futuregp
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Re: ILR for spouse- Tier 2 then spouse visa

Post by futuregp » Sat Jun 15, 2019 8:45 pm

She left UK before her Tier 2 dependent visa expired. I thought of renewing her visa before she wanted to return. I did not know about the fact that this visa had to be extended before expiry in the UK or within 28 days outside the UK. I need advice in this situation. I have only two and a half years till ILR. My wife won't be eligible for ILR for a long time now, it seems. I wish I had taken advice over here before these tragic decisions.

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Re: ILR for spouse- Tier 2 then spouse visa

Post by CR001 » Sat Jun 15, 2019 8:47 pm

Casa wrote:
Sat Jun 15, 2019 8:31 pm
futuregp wrote:
Sat Jun 15, 2019 7:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
Have I missed something here? Why didn't your wife extend her Tier 2 visa before expiry? Is she currently in the UK with no valid leave :?:
See users other topic in tier 2 sub forum.

uk-tier-2-employer-sponsored-visas/quer ... l#p1792815
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Re: ILR for spouse- Tier 2 then spouse visa

Post by CR001 » Sat Jun 15, 2019 8:48 pm

futuregp wrote:
Sat Jun 15, 2019 7:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension. The rules allow this once you have ILR.
Char (CR001 not Casa)
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futuregp
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Re: ILR for spouse- Tier 2 then spouse visa

Post by futuregp » Sat Jun 15, 2019 9:10 pm

CR001 wrote:
Sat Jun 15, 2019 8:48 pm
futuregp wrote:
Sat Jun 15, 2019 7:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension. The rules allow this once you have ILR.
She has applied to come to the UK with a Tier 2 dependent visa based on my current job. My new GP training job starts in August 2019. I will apply for her 3 year Tier 2 dependent visa extension based on my new 3 year GP training job in UK before her current Tier 2 visa will expire.
My question: After I obtain ILR, would I technically be allowed to submit a Tier 2 dependent visa application for my wife to complete 5 years under Tier 2 to qualify for her ILR?
Thanks again to everyone for their guidance. Visas and immigration is a world away from my life in hospital wards and clinics.

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Re: ILR for spouse- Tier 2 then spouse visa

Post by CR001 » Sat Jun 15, 2019 9:24 pm

CR001 wrote:
Sat Jun 15, 2019 8:48 pm
futuregp wrote:
Sat Jun 15, 2019 7:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension. The rules allow this once you have ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

futuregp
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Re: ILR for spouse- Tier 2 then spouse visa

Post by futuregp » Sat Jun 15, 2019 9:45 pm

CR001 wrote:
Sat Jun 15, 2019 9:24 pm
CR001 wrote:
Sat Jun 15, 2019 8:48 pm
futuregp wrote:
Sat Jun 15, 2019 7:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension. The rules allow this once you have ILR.
Thank you so much for the advice! After I obtain my ILR, I will get an immigration lawyer to ensure my wife gets her Tier 2 visa dependent extension and finally her ILR.

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Re: ILR for spouse- Tier 2 then spouse visa

Post by CR001 » Sun Jun 16, 2019 8:49 am

You don't need a lawyer. The immigration rules are clear, link below.

immigration-for-family-members/dependan ... 14832.html
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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