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Switching from Tier 2 (General) to ILR dependent visa

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VashiS
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Switching from Tier 2 (General) to ILR dependent visa

Post by VashiS » Mon Sep 14, 2015 6:39 pm

Hi, I am hoping I can get some advice on this forum regarding a visa switch. I’m currently on a Tier 2 General Visa (sponsored by my employer) and just engaged to be married very soon.
Prior to my current visa category I was on Tier 2 ICT (Intra company transfer) and came to the UK in July 2010, I then switched to a Tier 2 General in July 2013 and have been on this visa for over 2 years now. I wanted to enquire about the following:
1) Can I switch to a dependent visa? (My Fiancé is currently on an ILR, prior to which he was on Tier 2 ICT for over five years and applied for his ILR in Sep 2014)
2) Will I still be eligible for ILR after the switch?
3) How many years do I need to wait before applying for ILR after the switch?
4) Will my waiting clock for ILR reset after the switch or can I count the last 2 years of my stay in the UK towards the ILR application as a dependent?

Appreciate if you can advise on the above. Thank you very much

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CR001
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Re: Switching from Tier 2 (General) to ILR dependent visa

Post by CR001 » Mon Sep 14, 2015 8:37 pm

1) Can I switch to a dependent visa? (My Fiancé is currently on an ILR, prior to which he was on Tier 2 ICT for over five years and applied for his ILR in Sep 2014)
Yes, you can switch once you are married within the UK. Use form FLR(M), you need English A1 language and you/spouse need to meet the financial requirement of minimum £18,600pa. You will also have to pay the health surcharge of £500.

2) Will I still be eligible for ILR after the switch?
Yes, after 5 years (2 X 2.5 year FLR(M) visas)

3) How many years do I need to wait before applying for ILR after the switch?
First visa will be for 2.5 years after which you will need to apply for an extension for a further 2.5 years and meet all the requirements again. Near the end of the 2nd visa, you can apply for ILR on form SET(M).

4) Will my waiting clock for ILR reset after the switch or can I count the last 2 years of my stay in the UK towards the ILR application as a dependent?Yes, your clock towards ILR will reset. No you cannot count the last two years towards the new 5 year requirement if you switch. You will qualify for ILR based on long residence (if you meet all the requirements) in July 2020 and for ILR based on spouse visa also in 2020 if you apply to switch this year.
Char (CR001 not Casa)
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VashiS
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Posts: 13
Joined: Mon Sep 14, 2015 3:55 pm

Re: Switching from Tier 2 (General) to ILR dependent visa

Post by VashiS » Tue Sep 15, 2015 2:58 pm

Thank you very much. That was very clear and helpful
Thanks

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