Do I need to switch dependant visa category(tier2 to spouse)

[Simi UK]

Can moderators please advise that whether I need to apply for spouse visa.
I’m currently on tier2 dependant visa valid until Jan2014. My husband can apply ILR in Dec’12 but I’ll be completing my 2 years here in UK in March 2013.
So my question is if my husband gets ILR in Dec 2012 then do I need to apply for spouse dependant visa or can I just continue on my current tire2 dependant visa ?
If I can continue on tier2 dependant via then can I apply straight for ILR in March/April 2013 ?

I would be very grateful to moderators for their reply.

Thanks.

[wpilr_nov12]

Perhaps this link has your answers http://www.immigrationboards.com/viewtopic.php?t=114832

[Simi UK]

Perhaps this link has your answers http://www.immigrationboards.com/viewtopic.php?t=114832

I appreciate your reply, I'd gone through this link before but if someone please clarify this for our case then that would be of real help.

I understand that once you understand this logic then the same lines make perfect sense and it's still not clear to me at the moment.

Your's Sincerely.
Simi.

[wpilr_nov12]

Scroll down to 319E at http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

It can't get any more 'OFFICIAL' than this.

Pay particular attention to :

319E (b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant;

319E (c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant;

319E (d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years .

[Simi UK]

okey, What I'm concluding from this is that even if my Husband gets ILR in Jan'13 , I don't need to swich to spouse depandant visa and I can apply for ILR anytime before the end of my current tier2 visa. i,e any time between Mar'13 to Jan'14.

Hope someone will be kind to correct me if my understanding is wrong.

Thanks again.

[Simi UK]

I asked the same question to two Top immigrant consultants.
One said "my PBS dependant visa will be invalid after my husbands ILR"
Another one said "it's now possible to extend PBS dependant visa so it visa stays valid even if the partners gets ILR"

Personally I believe first consultant is more genuine so totally confused.

[Greenie]

You only need to read the immigration rules to know that the first 'top consultant' is wrong. The rules have been specifically amended to allow PBS dependents to extend their leave After the main migrant gets ilr so it is clearly not correct that the dependent visa becomes valid. Even before this change it was not the case that the visa became 'invalid' rather that the dependent needed to switch.

Why do you believe this person is a 'top consultant'?

on what basis will your husband be applying for ilr?

[Simi UK]

My husband will apply on WP(5yrs) + tier2 (12 months) basis. We couldn't apply ILR before due to his driving offence.

We believe they are top cuz they guided well last time but we still applied for ILR through another consultant n they later had to move our ILR application to tier2.

Within 6 months we'll again know what's right




So far the plan is my husband will apply in Jan13 and then we'll travel abroad for wedding n then I'll apply in June/july'13.