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Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

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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narass
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Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

Post by narass » Mon Jul 29, 2019 5:05 pm

Hi Team,

Myself and my wife are working on Tier2 - Intra company Visas for the past 8.5 years in UK. I have my Tier2-ICT Visa for another 1.5 years. Could you please advise me on my Wife's eligibility for ILR (Long residency-10 years) in the following situations ?

Situation 1:
1. Will she be able to switch her visa from Tier2-ICT to as my dependant while she is in UK ?
2. If she changes her Visa category from current Tier2-ICT Visa to as my dependant (apply while in UK) and continues to live in UK for next 1.5 years as my dependant, Will she be eligible for ILR under Long residency category (10 years) or will her clock get reset when she switches Visa from Tier 2 to Dependant category ?


Situation 2:
If her employer requests her to travel back to home country immediately (by 8.5 years),
1. Within how many days she has to apply for visa (as my dependant) from home country and within how many days she has to enter UK to avoid break in the long residency clock
2. Will her clock continue (under long residence) even if she had travelled to home country and entered UK under new visa category as dependant ?

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CR001
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Re: Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

Post by CR001 » Mon Jul 29, 2019 5:09 pm

All visas count for long residence ilr, even visitor visas.

The clock only resets for ilr based on 5 years residence.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

narass
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Joined: Sat Sep 26, 2015 10:38 am

Re: Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

Post by narass » Tue Jul 30, 2019 6:06 pm

CR001 wrote:
Mon Jul 29, 2019 5:09 pm
All visas count for long residence ilr, even visitor visas.

The clock only resets for ilr based on 5 years residence.
Hi CR001. Thanks for your reply. Could you please advise me specifically on below two queries:

Situation 1:
1. Will she be able to switch her visa from Tier2-ICT to as my dependant while she is in UK ?

Situation 2:
If her employer requests her to travel back to home country immediately (by 8.5 years),
1. Within how many days she has to apply for visa (as my dependant) from home country and within how many days she has to enter UK to avoid break in the long residency clock
2. Will her clock continue (under long residence) even if she had travelled to home country and entered UK under new visa category as dependant ?

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CR001
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Re: Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

Post by CR001 » Tue Jul 30, 2019 6:45 pm

Situation 1:
1. Will she be able to switch her visa from Tier2-ICT to as my dependant while she is in UK ?
Yes.
Situation 2:
If her employer requests her to travel back to home country immediately (by 8.5 years),
1. Within how many days she has to apply for visa (as my dependant) from home country and within how many days she has to enter UK to avoid break in the long residency clock
2. Will her clock continue (under long residence) even if she had travelled to home country and entered UK under new visa category as dependant ?
1. She must apply and return to the UK within 180 days to maintain her continuity of residence for ILR LR.
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.

narass
Newly Registered
Posts: 17
Joined: Sat Sep 26, 2015 10:38 am

Re: Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

Post by narass » Wed Jul 31, 2019 11:16 am

CR001 wrote:
Tue Jul 30, 2019 6:45 pm
Situation 1:
1. Will she be able to switch her visa from Tier2-ICT to as my dependant while she is in UK ?
Yes.
Situation 2:
If her employer requests her to travel back to home country immediately (by 8.5 years),
1. Within how many days she has to apply for visa (as my dependant) from home country and within how many days she has to enter UK to avoid break in the long residency clock
2. Will her clock continue (under long residence) even if she had travelled to home country and entered UK under new visa category as dependant ?
1. She must apply and return to the UK within 180 days to maintain her continuity of residence for ILR LR.
Hi CR001. Thanks you so much for the confirmation. Thanks again for your time and support.

narass
Newly Registered
Posts: 17
Joined: Sat Sep 26, 2015 10:38 am

Re: Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

Post by narass » Wed Jul 31, 2019 11:55 am

CR001 wrote:
Tue Jul 30, 2019 6:45 pm
Situation 1:
1. Will she be able to switch her visa from Tier2-ICT to as my dependant while she is in UK ?
Yes.
Situation 2:
If her employer requests her to travel back to home country immediately (by 8.5 years),
1. Within how many days she has to apply for visa (as my dependant) from home country and within how many days she has to enter UK to avoid break in the long residency clock
2. Will her clock continue (under long residence) even if she had travelled to home country and entered UK under new visa category as dependant ?
1. She must apply and return to the UK within 180 days to maintain her continuity of residence for ILR LR.
Hi CR001. Thanks for clarifying on the time period within which she should enter UK to maintain continuity of residence for ILR. Sorry, just one more query. Once she travels back to home country Within how many days she has to submit the visa application (as my dependant) from home country and get the visa processed ? Is there any limitation on the timeperiod within which she should submit the visa application ?

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CR001
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Re: Switch from Tier2-ICT to Dependant Visa: Eligible for ILR (Long residency-10 years) ?

Post by CR001 » Wed Jul 31, 2019 11:58 am

Sorry, just one more query. Once she travels back to home country Within how many days she has to submit the visa application (as my dependant) from home country and get the visa processed ? Is there any limitation on the timeperiod within which she should submit the visa application ?
There is no time limit. She simply needs to leave the UK with a valid visa and return within 180 days with a valid visa.
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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