ILR time calculation - Skilled worker + dependant

[rylandgrace]

Hi lovely people,

I've a question on ILR time calculation. My spouse has been on Tier 2 general visa for the past 3 years. But she lost her job now. Looking for another one. Meantime, I got a skilled worker visa. My question is if she now switch to my dependant, can she apply for ILR after 2 years, ie 3 years in Tier 2 and 2 years as dependant?

Or in case if she switch to dependant now, she has to stay dependant for another 5 years to get to ILR?

Thanks for any guidance,

Ryland

[CR001]

My question is if she now switch to my dependant, can she apply for ILR after 2 years, ie 3 years in Tier 2 and 2 years as dependant?

No she cannot. It is not possible to combine main PBS visa and time spent on Dependent visa to make up 5 years for ILR.

Or in case if she switch to dependant now, she has to stay dependant for another 5 years to get to ILR?

Correct yes.

[rylandgrace]

Thanks for the quick reply.

One more question pls, if she now switch to dependant and got another visa after couple of months, (after 60 days grace period from previous visa), will that reset the counter?

Thanks

[CR001]

Every time she switches from dependent to main visa holder, her ILR clock for 5 years ILR resets to zero.

(after 60 days grace period from previous visa)

Not sure what you are referring to. The 60 days only starts when UKVI sends a curtailment letter, which can take a few months to get sent out. It does not start from when she finishes her employment.

[rylandgrace]

Oh... I wasn't aware of that. So, we should expect a message from UKVI indicating the start of the 60-day period by the end of which she needs to secure another sponsorship.

Thank you for your prompt reply.

Regards,

Ryland

[CR001]

we should expect a message from UKVI indicating the start of the 60-day period by the end of which she needs to secure another sponsorship.

Provided her address is correct with UKVI, she will receive an actual letter in the post indicating the date her visa has been curtailed to, ie a new expiry date. She has until that date to apply for any visa she qualifies for or find an alternative sponsor and apply for a new skilled worker visa.

Obviously, she cannot do any work until she secures a new visa.

[rylandgrace]

Thank you once more.

I have one more query, and I'm not sure if this is the right platform, but I'll try my luck.

She's being made redundant while just starting her maternity leave this week. Her employer told her last day will be November 30th, which would mean she has until January 30th to find a new sponsorship job. Given she's on maternity leave and might not start her job search until April, the end of her planned 6-month leave, is there any legal provision that can prompt the employer to extend her last day to April, allowing her 60 days from then to actively seek and secure job?

Thanks.

[CR001]

She's being made redundant while just starting her maternity leave this week.

Her employer would absolutely know that under the Equality Act, she falls under a protected category. I fear they may be breaking the law by making her redundant. How many other staff are being made redundant?? Why is she being made redundant?? When was she informed she is being made redundant? When did she go on maternity leave?

https://maternityaction.org.uk/advice/r ... 20contract.

Her employer told her last day will be November 30th, which would mean she has until January 30th to find a new sponsorship job.

No! It is NOT 60 days from the end of her employment. It is 60 days from when she gets the UKVI letter curtailing her visa.

Given she's on maternity leave and might not start her job search until April, the end of her planned 6-month leave, is there any legal provision that can prompt the employer to extend her last day to April, allowing her 60 days from then to actively seek and secure job?

She should contact ACAS or an employment lawyer urgently.

https://www.acas.org.uk/

[rylandgrace]

Her employer would absolutely know that under the Equality Act, she falls under a protected category. I fear they may be breaking the law by making her redundant. How many other staff are being made redundant?? Why is she being made redundant?? When was she informed she is being made redundant? When did she go on maternity leave?

https://maternityaction.org.uk/advice/r ... 20contract.

Over 100 employees are facing redundancy, and she is among them. The decision is based on factors from the last fiscal year that were beyond her control. Consultations are currently in progress. She was informed about the redundancy a month ago and began her maternity leave two weeks after the initial announcement. According to the company, since the considerations for redundancy is before her maternity leave, they have limited options. Although November 30th is the general end date mentioned, we haven't received a specific date yet. We are looking for options.

https://www.citizensadvice.org.uk/about ... -furlough/

says you could be made redundant during maternity if the reasons are genuine and not related to maternity.

Given she's on maternity leave and might not start her job search until April, the end of her planned 6-month leave, is there any legal provision that can prompt the employer to extend her last day to April, allowing her 60 days from then to actively seek and secure job?
She should contact ACAS or an employment lawyer urgently.

https://www.acas.org.uk/

Thanks, that makes sense. Will do this. Absolutely amazing support. Love this forum.