PBS Dependant changing to Tier 2

[karthik73]

Hi,

Looking for some advice on my case.

I have a Tier 1 Ent visa and I have applied for my ILR. Please look at my timeline below

ILR Received UKBA - 4th Jan 2016
Biometrics Given - 15th Jan 2016
Still waiting.

My Tier1 Visa is valid till June 5th 2016. Given the cost of the ILR application, I applied only for myself. My kids and wife are still on Tier 1 Dependant. Now my wife's company is willing to sponsor her Tier 2 General visa (I am aware that this resets her ILR clock). She is travelling back to India to get her Tier 2 visa as a fallback in case my ILR is rejected.

Question:
1 - Do the kids and me have to leave the country if we need to become her dependants?
2 - Does my time in the country as main applicant (6.5 yrs) count towards long residency?

Thanks

[CR001]

1 - Do the kids and me have to leave the country if we need to become her dependants? No. But one has to ask why do you want to switch to her Tier 2 Dep if you have applied for ILR? And why is your wife switching rather than wait for your outcome of if she qualifies for ILR, submit her application with a cover note about your ILR application.

2 - Does my time in the country as main applicant (6.5 yrs) count towards long residency? If you have already applied, why don't you just wait for the outcome of your application? You can't have two applications simultaneously. But yes, any legal stay counts towards long residence.

Has her employer done the full and proper RLMT process to ensure she has not been pre-selected for the job she is currently doing.

[karthik73]

1 - Do the kids and me have to leave the country if we need to become her dependants? No. But one has to ask why do you want to switch to her Tier 2 Dep if you have applied for ILR? And why is your wife switching rather than wait for your outcome of if she qualifies for ILR, submit her application with a cover note about your ILR application.

Hi CR001 - I haven't included the full detail of my case.

Date Moved Into UK : 08/11/2009
Visa: Tier 2 ICT
Ent Visa Switch : June 5th 2013
Ent Visa Expires: June 5th 2016
I already applied for ILR last year (June 2015) and was rejected on two reasons
1) I didnt have 5 years continuous leave on Tier 1
2) My evidence for 200K investment was not deemed satisfactory

We applied for a review and they overturned 1 stating that I can combine my leave (Tier 2 ICT + Tier 1) because I moved in before April 2010. They still upheld the reject quoting 2.

I have corrected my evidence for 200K investment and have now applied again for ILR - Submitted January 2016.

Given that they have rejected my ILR once, I did not want to take a chance as we have kids settled here and we have bought a house. I also have setup my company here.
As a result, my wife asked her company if they could apply for a Restricted CoS. She has been working there for the last 5 years.

I was hoping that the ILR decision would come in 3 months, but it hasn't come and now it could take upto 6 months.

Now I have the following scenarios to consider.

Get ILR Approved by June 5th
- I can move my kids and wife to my ILR.

Don't get a ILR decision by June 5th
- I need to speculatively apply for ILR for my kids and wife

ILR gets rejected again before June 5th
- I can apply for a Tier 1 Extension for all of us but this depends on the reason they use for the ILR reject. If they reject again and find new flaws on my 200K investment, then I cant produce any new evidence as my investors have already ceded to my requests (stating that they give me access to the investment in my company)

As a backup we wanted to have one fall back option. As a result my question on whether me and the kids can become a dependant on my wife's Tier2 application.

If you think we should do something else please let me know. We have had endless discussions here and am getting tired and just want to get some solution.

2 - Does my time in the country as main applicant (6.5 yrs) count towards long residency? If you have already applied, why don't you just wait for the outcome of your application? You can't have two applications simultaneously. But yes, any legal stay counts towards long residence.

Has her employer done the full and proper RLMT process to ensure she has not been pre-selected for the job she is currently doing.

RLMT is not needed as this is a shortage occupation and she has been issues with a Restricted CoS.

[CR001]

If you want to apply for T2G dep, you will have to withdraw your ILR application and likely lose the fee. I am not sure if you can vary ILR to a time restricted visa.

[geriatrix]

Yes, ILR application can be varied to FLR just as a FLR application can be varied to ILR.

[karthik73]

Hi CR001,

My aim is to apply for T2G dependant only if my ILR is refused.I will not be withdrawing the application. Our lawyers informed us that we need to leave the country even to become T2G Dependant.

If my wife gets a Tier 2, then I should be able to switch in the country from Tier1 Main to Tier 2 Dependant - Is my assumption right?

On second thoughts, like what you said, I might have to speculatively apply for ILR for my wife and kids if the result doesnt come by June 5th. This does mean that we are risking loss of application fee for all of us (Quite a lot - as there are 5 of us)

Thanks
Karthik

[CR001]

If your ILR is refused and your current visa has expired at the time you receive refusal, you and your dependents will likely have to leave and apply from home country for Tier 2 G dep.