Can Tier 2 visa holder apply for spouse visa?

[MirM]

Hello everyone...in bit of a tangle read many posts couldn't find an answer to my question so thought would post my own.

I got married last year in August. My wife has already got a discretionary leave and her 3 year extension is due later this year. I have been on Tier 2 visa for over three years now.As you all must be aware Tier 2 visa has work restrictions and rules surrounding it keep on changing. I am very focused when it comes to my career and when I took this visa I was aware that changing employer would be very difficult. I received tremendous response to my job applications but visa transfer remained an issue to most employers. It came to the point that I stopped applying and started waiting for the 5 years to conclude so that I could apply for ILR.

I was not planning to stay in UK at one point but then I met my wife and I never felt like leaving it again So now the tough part...

I want to progress with my career but my visa rules more or less mean I have to be with same employer. This is really frustrating at times. I understand that a spouse/dependant visa do not entail work restrictions. Neither do I want my wife to become my dependant as Tier 2 is an uncertain visa when it comes to ILR.

Can I apply for spouse visa on my wife's discretionary leave? If there is this route I will jump in the air with excitement! This will greatly enhance my chances of securing a new job!

Thank you!

[Amber]

Is your partner's leave under refugee leave or humanitarian protection?

[MirM]

Just under article 8...no refugee linkage...she had applied for work permit but had instead got discretionary leave! Hope that helps!

[Amber]

Then no, you can't be their dep. You could try and apply for your own FLR(FP) if:

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

However, you may find it easier to stick with PBS until your partner settles (6 years DLR) and then apply as an ILR dep.

Your T2 is not a route to settlement is it?

[MirM]

Thank you for your help...T2 is a route to settlement only when many conditions attached to it are satisfied by the employer and employee...also i am concerned when my wife does apply for her own extension she would have to include her spouse details regardless on FLR form...can they say instead of DL you should rather apply for T2 dependant and refuse DL?

[Amber]

So far as the circumstances are similar to last time, an extension should be granted.

See also, T2 Settlement (click).