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ILR for wife on tier 2 dependent

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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Aleemragab
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ILR for wife on tier 2 dependent

Post by Aleemragab » Fri Feb 05, 2021 5:55 pm

Hi
I am on ILR after 5 years on tier 2 general. Wife came to UK (Tier 2 dependent) on last year I was on tier 2 with a visa valid for 1 year.
As I changed to ILR and her visa expired, We applied for another 4 years for her as tier 2 dependent (so she completes 5 years in total) but her visa came valid for 3 years ( so 4 years in total).
Now I am legible for for neutralisation for citizenship.
My question is if I become British citizen, is it possible to apply for ILR for her after 3 years in total in the UK as being wife of British citizen?
If not, then at the end of her visa period what visa I should apply for? Is it possible to continue applying for tier 2, or is it spouse visa? And if spouse visa, then do we lose all the period before it?

Thanks in advance

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CR001
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Re: ILR for wife on tier 2 dependent

Post by CR001 » Fri Feb 05, 2021 6:35 pm

As I changed to ILR and her visa expired, We applied for another 4 years for her as tier 2 dependent (so she completes 5 years in total) but her visa came valid for 3 years ( so 4 years in total).
That would be correct as that is what the immigrations rules state she will, ie a 3 year extension. There is no discretion to grant more or less time simply because it is convenient for you.
My question is if I become British citizen, is it possible to apply for ILR for her after 3 years in total in the UK as being wife of British citizen?
No it is not. She needs 5 years as a PBS dependent before she can apply for ilr.
If not, then at the end of her visa period what visa I should apply for? Is it possible to continue applying for tier 2, or is it spouse visa? And if spouse visa, then do we lose all the period before it?
PBS dependent extension yes, which will be another 3 year extension. If you switch to spouse visa, her ilr clock resets to zero and a new 5 year period (2 X 2.5 year visas) before she can apply for ilr.
Char (CR001 not Casa)
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zimba
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Re: ILR for wife on tier 2 dependent

Post by zimba » Sat Feb 06, 2021 2:36 am

FYI
Please note that the PBS Tier 2 visa and PBS dependant visa for Tier 2 do not exist anymore. It is now Skilled Worker Visa and 'Dependant partner' under the Appendix Skilled Worker. This simply replaced the Tier 2
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: ILR for wife on tier 2 dependent

Post by vinny » Sat Feb 06, 2021 3:54 am

Aleemragab wrote:
Fri Feb 05, 2021 5:55 pm
My question is if I become British citizen, is it possible to apply for ILR for her after 3 years in total in the UK as being wife of British citizen?
No.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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