Spouse of a settled person

[stitch]

Hello, my husband applied ILR through 10 year route and we are still awaiting his application results. I am living in the UK for 7 years with Tier2 dependant visa (initially it was Tier 4 dependant) and I have my visa until 2020. Do I need to change my visa to family visa now or can I wait until 2020? How long can I wait before I renew my visa as spouse of an ILR person?
Because if I renew now, I will only get 2.5 years visa but I will still need another 6months (I will have to apply for an extension again) before I can apply for my own ILR. So I don't want to really spend more money than it is needed. Thanks in advance.

[CULLINAN]

Hello, my husband applied ILR through 10 year route and we are still awaiting his application results. I am living in the UK for 7 years with Tier2 dependant visa (initially it was Tier 4 dependant) and I have my visa until 2020. Do I need to change my visa to family visa now or can I wait until 2020? How long can I wait before I renew my visa as spouse of an ILR person?
Because if I renew now, I will only get 2.5 years visa but I will still need another 6months (I will have to apply for an extension again) before I can apply for my own ILR. So I don't want to really spend more money than it is needed. Thanks in advance.

What is the issue date of your Tier 2 dependent visa??

[CULLINAN]

You will qualify for ILR after staying 5 years as Tier 2 dependent. So you can count 5 years from the date of issue. If by then, your husband has his ILR, you can aoply for ILR. You dont have to switch your visa now as you have validity till 2020. You need to continue as PBS dependent till your own ILR date and if required you will need a PBS extension to complete the 5 years as Tier 2 dependent.

[CR001]

You will qualify for ILR after staying 5 years as Tier 2 dependent. So you can count 5 years from the date of issue. If by then, your husband has his ILR, you can aoply for ILR. You dont have to switch your visa now as you have validity till 2020. You need to continue as PBS dependent till your own ILR date and if required you will need a PBS extension to complete the 5 years as Tier 2 dependent.

Wrong!!! The op is not able to apply for ILR based on 5 years PBS dependent route as her spouse has applied for ILR based on long residence and not the pbs 5 years residence route!!

[CULLINAN]

You will qualify for ILR after staying 5 years as Tier 2 dependent. So you can count 5 years from the date of issue. If by then, your husband has his ILR, you can aoply for ILR. You dont have to switch your visa now as you have validity till 2020. You need to continue as PBS dependent till your own ILR date and if required you will need a PBS extension to complete the 5 years as Tier 2 dependent.

Wrong!!! The op is not able to apply for ILR based on 5 years PBS dependent route as her spouse has applied for ILR based on long residence and not the pbs 5 years residence route!!

Thanks for correcting and apologies to the OP.

[stitch]

Thank you for the information. In this case, can I live in the UK until 2020 with my Tier2 dependant visa and change it to ILR spouse visa after that, even though my husband is changing his visa to ILR now?
If you can send me the link from government website, I appreciate. I am reading the documents in the website, but there are so many, it is impossible to read them all.
Thank you very much for your help in advance.

[CR001]

Thank you for the information. In this case, can I live in the UK until 2020 with my Tier2 dependant visa and change it to ILR spouse visa after that, even though my husband is changing his visa to ILR now?
If you can send me the link from government website, I appreciate. I am reading the documents in the website, but there are so many, it is impossible to read them all.
Thank you very much for your help in advance.

You can stay on your current visa, provided you DO NOT travel out of the UK as you could be denied re-entry.

immigration-for-family-members/dependan ... 43881.html

[stitch]

Thank you

[stitch]

Hello, I am in the UK since July 2011. I initially came as a tourist and stayed 5 months because my husband's visa was less than 6 months left and I was unable to apply for dependant visa at the time.
Later, I went back to my country and stayed 2.5 months and came back in February 2012 with Tier 4 dependant.
Now my husband got his settlement with 10 year route, and I will need to change my visa to dependant of a settled person.
I have couple questions if you can help me.
1. When my 10 year starts for my ILR application? Is it from July 2011 or February 2012?
2. I am currently in UK with Tier 2 dependant visa which is valid 2020. I am aware that I need to change it to "dependant of a settled person visa". However, w are planning to go to holiday in August. Would it be ok to apply to "dependant of a settled person visa" after our holiday? Would I have any problem to come back to the UK with Tier 2 dependant visa while my husband is settled person now? But my visa is valid until 2020.
3. If I can apply to new visa after holiday in August, it will also save me to apply extention after 2.5 years (I know that they will give me 2.5 years visa on this type) as I will be in the UK for 10 years, and instead of extension, I will apply to settlement directly after 2.5 years. This is another reason I want to postpone my application if possible. Is this possible or am I risking anything?

Thank you very much for your answers in advance

[CR001]

1. The date you entered on a visitor visa.

2. You should switch to FLR(M) BEFORE you travel. You risk being refused entry to the UK as your spouse got ILR based on Long residence and not PBS route, and yes this has happened to members. The rules changed in April 2014 regarding PBS Dependents of Long Residence ILR applicants.

3. See #2 above.