Switching from Tier 2 General to ILR dependant?

[isabella]

Hi there,

I've got some doubts regarding switching from Tier 2 to ILR dependant. Hope you'd be able to help.

I'm currently on Tier 2 General granted on Dec 2011 and will expire in 2014, I was on PSW before. My fiancé (currently on Tier 1 General) is going to apply for his ILR next month. I wonder if I can be included as his dependant in his application? We have been living together for more than two years so we have the cohabitation requirement fulfilled.

My questions:
- can I actually switch from Tier 2 General to ILR dependant? note: I am not a dependant of his all this time.
- if yes, can I do it in-country?

Your help will be much appreciated. Cheers.

[Greenie]

there is no such thing as 'ILR dependent'. You may qualify as an unmarried partner of a settled person after he has been granted ILR under para 295D. You can make this application from within the UK. You would then need to complete two years in this category before applying for ILR.

You cannot be included in your partner's ILR application unless you obtain entry clearance as his PBS dependent prior to him applying for ILR. You cannot switch from tier 2 to PBS dependent from within the UK.

[isabella]

Thanks for the quick reply Greenie!

By switching to 'ILR dependent', I meant to become a dependent of my partner in a joint ILR application. So from what you described, it sounds like this is only allowed if I was already a Tier 1 dependent of him then?

Also, if that was true, I am confused with the logic. Because on one hand, if I had become his dependent prior to the ILR application, then I could immediately get ILR too. But on the other hand, if I hadn't, then I can apply to become his 'partner of settled person' but will need to wait for 2 years before I can get ILR too? Shouldn't I be able to immediately get ILR too provided I get out of UK to obtain entry clearance as his dependent?

[Greenie]

If you read the rules themselves you will see that what i am saying is correct.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

and

http://www.ukba.homeoffice.gov.uk/polic ... _partners/