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Does Depdt of ILR lose visa when main app neutralize

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ttcg
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Does Depdt of ILR lose visa when main app neutralize

Post by ttcg » Mon Feb 15, 2016 12:58 pm

I would like to ask your suggestions and advises for the above topic.

My wife and I were on the Separate Tier 2 Visa when she got her 10 years ILR last year. Since we were on a separate visa, I didn't get ILR automatically. So, I am still on Tier 2 and I am planning to change my visa to ILR Dependant.

At the same time, she might be going to apply for her UK Citizen ship in 2016 Sep. So, if I applied for ILR Dependant (Set M) now and got it, I would like to know what is going to happen to me when she got her Citizenship. I know I couldn't get Citizenship together with her.

Thus, do I need to change/apply the Dependant visa again when her immigration status changed? I don't want to spend money two times to apply for the Dependant visa. Can I still continue to have my Depandant visa?

As far as I know, when Tier2 Main Applicant applied for the Extension, all dependants need to pay/apply for their visa together with the Extension Application. Since there are no such thing like that for UK Citizenship application, I would like to know what will happen to the ILR Dependants when Main Applicant got the UK Citizenship.

Here is the timeline for my case.

2012 Apr - married
2012 Dec - I got my Tier 2 General
2013 Jan - she got her Tier 2 General
2015 Aug - she got ILR (10 Years Route)
2015 Dec - I got Tier 2 Extension for 3 years (Until 2018 Dec)
2016 Sep - she can apply for UK Citizenship

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Casa
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Re: Does Depdt of ILR lose visa when main app neutralize

Post by Casa » Mon Feb 15, 2016 1:23 pm

You would have to apply for FLR(M) first. You can't switch from Tier 2 to ILR as her dependent. If you do switch, your clock will be re-set and you would have to complete 2.5 + 2.5 years before qualifying for ILR. You would also have to pay the NHS surcharge of £500 for each 2.5 year period in addition to the visa fees.
(Casa, not CR001)
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CR001
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Re: Does Depdt of ILR lose visa when main app neutralize

Post by CR001 » Mon Feb 15, 2016 1:25 pm

So, if I applied for ILR Dependant (Set M) now
Why do you think you qualify for Set(M)? You don't as you don't hold a spouse visa. Unless you mean FLR(M) which is the same spouse visa for dependents of ILR holders and British citizens.

If you switch to FLR(M), you need 5 years in this category before you qualify for ILR in 2021. It is a quicker route to ILR if you remain a Tier 2 G migrant as you can apply in 2017 if you meet all the requirements.

Edit : #casa
Char (CR001 not Casa)
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ttcg
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Joined: Mon Oct 26, 2015 12:57 pm
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Re: Does Depdt of ILR lose visa when main app neutralize

Post by ttcg » Mon Feb 15, 2016 1:47 pm

Thanks for your replies. Apologies if I made the confusion. I meant FLR (M) not Set (M).

As CR001 pointed out, I am eligible for the ILR in 2017 via Tier 2 Route, but I don't want to continue in the same job for another 2-3 years. As you know, I need a recommendation from my job to apply ILR and I feel bad to leave them when I got the ILR. And I would like to move onto the greener pasture rather than working at the same company for 7 years (Since PSW).

I entered UK in 2009 Sep, so, I thought I can go via 10 years ILR route in 2019 Sep. Do I need to stay another 5 years (2.5 + 2.5) until 2021?

Let me rephrase my question again... If I get FLR (M), do I need to apply again for my visa when my wife got her Citizenship in Sep 2016 (probably she will get it in 2017 First Quarter - 6 months waiting time)?

Could you please help me to clarify the above questions? Thanks again.

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CR001
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Re: Does Depdt of ILR lose visa when main app neutralize

Post by CR001 » Mon Feb 15, 2016 1:52 pm

I entered UK in 2009 Sep, so, I thought I can go via 10 years ILR route in 2019 Sep. Do I need to stay another 5 years (2.5 + 2.5) until 2021?
This is the problem when posters don't post their full immigration history, we provide advice based on what you post, which is what I did based on your visa w.e.f. 2012.

Of course you can apply for ILR based on long residence in 2019 if you meet the standard requirements.
Let me rephrase my question again... If I get FLR (M), do I need to apply again for my visa when my wife got her Citizenship in Sep 2016 (probably she will get it in 2017 First Quarter - 6 months waiting time)?
No. FLR(M) is the same visa YOU need or have whether your SPOUSE has ILR or is a British Citizen.
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.

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