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Afternoon All

Just to give a quick background, I got my work permit back in July 2007 and as it stands (the current Rule) will be eligible to apply in June 2012. Though I had to apply Tier 2 (General) because my job duties significantly changed (Applied in Oct 2009). The questions that are bothering me as follows:

I recently got married and my wife got a Tier 2 Dependent Visa, she could have travelled and would have got the ILR in July 2012 with but due to some family problems she can’t make it for another month. As my Visa will expire in July 2012, I can still apply for ILR but my wife can’t (because of 2 year residential rule).
Do I have to change her visa status to FLR and will the residential requirements i.e. 2 years will start again.

I called Home Office today and the lady said YES in total she will be staying 4 years to get her ILR or PC.

Or at the end of my current Tier 2 (General) visa, if I go for extension and apply for ILR / PC at the same time as my wife residential requirements are fulfilled.

Please let me know. Many Thanks

AFAIK, you would have to apply for spouse visa for her for the remaining period in 2 years. Post completion of 2 years, i think, she would be eligible to apply for ILR.

Thanks dest_London

The lady said that as you will have your ILR/PC first and then your wife will apply under ILR settled person spouse hence the clock of 2 years will start again. I knowif you call Home Office another person will give a different answer.

adi_khaneng wrote:Thanks dest_London

The lady said that as you will have your ILR/PC first and then your wife will apply under ILR settled person spouse hence the clock of 2 years will start again. I knowif you call Home Office another person will give a different answer.

I don't think that's the case.

Being a Tier 2 dependent, the ILR clock will reset when your wife changes from Tier 2 dependent to spouse of settled person (287(a)).

Dependents of Tier 1 migrants are not subject to the same conditions though (287(a)(i)(d)).


regards