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Dependents status after main applicant obtains ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Maverick15
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Dependents status after main applicant obtains ILR

Post by Maverick15 » Sun Apr 22, 2018 4:11 pm

Hi,
I am currently on tier 2 visa valid till Nov 2018. My partner currently is on tier 2 dependent visa (has been on this visa for 2years) and his visa is valid till Nov 2018 as well. I am going to apply for ILR via long residence route in August 2018. I wanted to know if my partner need to apply for ILR dependent visa in august as well, considering his current visa is valid till November 2018. Can we wait till Nov 18 to change his visa?

Thank you

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Casa
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Re: Dependents status after main applicant obtains ILR

Post by Casa » Sun Apr 22, 2018 4:25 pm

He will have to switch to FLR(M) which will reset his immigration clock to zero, putting him on new 5 year route to Settlement (ILR).

Providing he has no intention on travelling outside of the UK, he can wait until November before switching.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

shinhwa
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Re: Dependents status after main applicant obtains ILR

Post by shinhwa » Sun Apr 22, 2018 4:45 pm

He doesn't need to switch to other type visa, do not do that! As Tier 2 is on PBS route, he can extend his dependant visa within 28 days before its expiry date. The extension one will be granted for lasting next 3 years, then he will be meeting the rules of qualified period(5 years in UK), which means he can apply for his ILR at that time.

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Casa
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Re: Dependents status after main applicant obtains ILR

Post by Casa » Sun Apr 22, 2018 5:27 pm

shinhwa wrote:
Sun Apr 22, 2018 4:45 pm
He doesn't need to switch to other type visa, do not do that! As Tier 2 is on PBS route, he can extend his dependant visa within 28 days before its expiry date. The extension one will be granted for lasting next 3 years, then he will be meeting the rules of qualified period(5 years in UK), which means he can apply for his ILR at that time.
Incorrect advice! He will be unable to extend his visa as a PBS Dependent as the sponsor (spouse) is applying for ILR under 10 years long residence, not under the 5 year route to ILR. :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Maverick15
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Re: Dependents status after main applicant obtains ILR

Post by Maverick15 » Mon Apr 23, 2018 1:33 pm

Casa wrote:
Sun Apr 22, 2018 4:25 pm
He will have to switch to FLR(M) which will reset his immigration clock to zero, putting him on new 5 year route to Settlement (ILR).

Providing he has no intention on travelling outside of the UK, he can wait until November before switching.
Thank you so much for the information.
I have been trying to find this info on UKVI website but haven't had luck. Is there a link you would be able to post that I can use.
Thank you

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Casa
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Re: Dependents status after main applicant obtains ILR

Post by Casa » Mon Apr 23, 2018 2:13 pm

The Rules for PBS Dependants changed in April 2014 and there have been recent updates in January of this year. Have a read through the following:

immigration-for-family-members/ilr-pbs- ... l#p1005367
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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