TIER 2 GENERAL TO DEPENDENT VISA

[ajay18]

Hi

I am on Tier 2 General visa which expires next year and my wife and child recently got their Permanent residency in November. I have few questions. Can anyone reply to my queries

1. Can i apply for Permanent residency directly or do i have to become a dependent first.
2. If i have to become a dependent do i need to go back for entry clearance or can i apply from UK itself
3. What forms to be used
4. Documents required


Pleae help.

Ajay

[vinny]

1. You may apply for SET(O) directly under Tier 2 (General) when you are eligible.
2. You may switch to FLR(M). However, your qualifying period for SET(M) may be reset.

[ajay18]

Hi Vinny

Thanks for the information. Can I switch to FLR(M) while in UK itself? or i need to go back to get the entrance clearance.

[vinny]

In the UK.

[ajay18]

Thanks Vinny

I was going through the immigration board threads and thought if i could clear out my one more doubt if you can help.

Actually i was on a dependent visa of my wife (work permit holder) from November 2008 and was valid till 17th nov 2013. As due to some circumstances i changed my visa status from Dependent visa to Tier 2 General June 2012 and which expires April 2015. But the home office did not cancel my dependent visa on my passport. My wife and son got their ILR in November 2013 and i did not apply as i was not sure whether to apply or not. But now since they got their ILR can you please let me know that

Shoud i go directly to apply Settlement as the home office never cancelled my dependent visa or i have to use Flr(M) and wait another 5 years for my settlement visa.

Thanks for your help

[vinny]

Unfortunately,

It should be noted that applicants are not allowed to have two forms of leave at the same time.

Moreover, the non-cancellation of the work permit dependant leave is moot as it has already expired last year. It would have been simplest if you had applied for ILR with your wife rather than switching to Tier 2 (General).

[ajay18]

Hi Vinny

So, what you are suggesting that can i apply for ILR directly now or i have to apply for FLR(M) again and wait for another 5 years.

i am in the uk itself from 2008 onwards.

Please let me know.
Thanks

[vinny]

No. You cannot apply for ILR directly now because you have changed to Tier 2 (General). Perhaps you may apply for SET(LR) in November 2018 after being in the UK for 10 years, under Long residence.

[ajay18]

Thanks Vinny for all your help and advice

Will apply FLR(M) if i have no choice left.