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6 months to ILR

Posted: Tue Nov 02, 2021 10:06 pm
by anivijay
Hi,
This our visa details for last 9 years.

May 2012(visa issued in March 2012) - Apr 2016 PBS dependent
Apr 2016 - Sep 2018 Tier 2 General
Oct 2018 - Till date PBS dependent

We are eligible for ILR in Apr 2022. Now husband's company wants him to come back to India by end of November.

What options do we have now?

I have checked with my employer for sponsorship. Yet to receive answer from them.

My questions are
1. If I get a skilled worker sponsorship, are we eligible for ILR in Apr 2022? Can I switch from here? As main applicant is leaving, how many days do I get to switch?

2. Is it possible to apply through 7 year route? My children are 16 and 14 and staying in UK for past 9 years.

3.If I apply for start up visa, is it still counts for 10 year ILR route?

4. Its only me and kids staying in UK for last 9 years and husband stayed outside for a year. When we apply on 10 year route , can me and children apply for ILR and husband as ILR dependent?

Lots of questions. But this is the best place . Please help.

Thanks in advance

Anitha

Re: 6 months to ILR

Posted: Wed Nov 03, 2021 12:26 pm
by zimba
1. You can apply under the long residence assuming you get to April 2022. Your current visa will NOT be invalid unless it is curtailed by UKVI. You can stay until the expiry of your current visa or until the date of any curtailment. What is your current visa expiry date ?
You should be able to switch to Skilled Worker visa in the UK if you find a sponsor

2. The 7-year route does not apply to you. It is very complex and very unlikely to succeed
https://www.freemovement.org.uk/can-chi ... residence/

3. ALL visas count even visit visa

4. Long residence has NO concept of dependants. You (or any applicant) must apply separately on YOUR OWN and qualify ON YOUR OWN. If your husband (or child) does not qualify, they may stay/come to the UK under the spouse/family route, assuming you are granted ILR.

Re: 6 months to ILR

Posted: Wed Nov 03, 2021 1:20 pm
by anivijay
Reg, pount 1, I'm a PBS dependent. Some says that I need to leave along with my husband as he is the main applicant for t2 ict. So, wanted to double check.

Re: 6 months to ILR

Posted: Wed Nov 03, 2021 1:51 pm
by anivijay
Zimba wrote:
Wed Nov 03, 2021 12:26 pm
1. You can apply under the long residence assuming you get to April 2022. Your current visa will NOT be invalid unless it is curtailed by UKVI. You can stay until the expiry of your current visa or until the date of any curtailment. What is your current visa expiry date ?
You should be able to switch to Skilled Worker visa in the UK if you find a sponsor

2. The 7-year route does not apply to you. It is very complex and very unlikely to succeed
https://www.freemovement.org.uk/can-chi ... residence/

3. ALL visas count even visit visa

4. Long residence has NO concept of dependants. You (or any applicant) must apply separately on YOUR OWN and qualify ON YOUR OWN. If your husband (or child) does not qualify, they may stay/come to the UK under the spouse/family route, assuming you are granted ILR.
Thanks for the reply Zimba. I am on Tier 2 ICT dependent visa valid till Oct 2023. And my husband's company want him to come back in 2 weeks.

If I find a sponsor, how many days I have to switch?

Thanks

Re: 6 months to ILR

Posted: Wed Nov 03, 2021 2:36 pm
by zimba
I repeat once again that your visa remains valid unless it is curtailed by UKVI. You may switch as long as you have valid leave. Your partner's employer may tell UKVI and your visas may be curtailed but this can take several months.

Re: 6 months to ILR

Posted: Wed Nov 03, 2021 2:48 pm
by anivijay
Thanks for the clarification Zimba.