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Comparing citizen FLR(M) dependant vs Tier-2 extension

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isabella
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Comparing citizen FLR(M) dependant vs Tier-2 extension

Post by isabella » Sun May 18, 2014 12:03 pm

I have been in UK since Sep 2008, first came on student visa, a year after then switched to PSW, and in Dec 2011 then switched to Tier-2 (General), which should mean I have been on the settlement qualifying period only for 2.5 years so far.

I had been married to my husband in Dec 2012, but I did not switch be his dependant at the time. And at the time, he had been on his ILR after having previously been on Tier 1 (General) for previous 5 years. Finally he then had become citizen July last year (2013).

My Tier-2 (General) visa is expiring on Dec 2014 this year. I am currently trying to find out what is the best option I have that could eventually lead me to settlement in the quickest and less hassle way. Any advice please?

From what I understand, I have only 2 options:
1) Just before Dec 2014, apply to get the 2-year extension of my Tier-2 (General) visa. Then at the end of the 2 year later on, I would have qualified for the 5 years residence to apply for ILR.
2). As soon as possible, switch to be a dependant of my husband citizenship. This means applying for the FLR(M) dependant visa (or is that correct?). From what it seems (which doesn't quite make sense to me!), my qualifying residence period for ILR will then be reset because of this, and therefore I would have to wait for 5 years again before I would be eligible to apply for ILR. Is this really correct? Can someone confirm?

Would really appreciate some good advice here as to what is the best way to approach this given our current situation.
Eg. if there may be another better option than the above I mentioned? Or did I understand my options correctly to start with? And if so, what are the pro and cons with each that I should take into account? Many thanks in advance!

Amber
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Re: Comparing citizen FLR(M) dependant vs Tier-2 extension

Post by Amber » Sun May 18, 2014 12:07 pm

Yes, if you switch to FLR(M), your settlement clock will reset to a new 5 years.you should also be eligible for SET(LR) from 28 days before September 2018, subject to eligibility, if you can't settle as a PBS applicant after 5 years as a PBS settlement route applicant.
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isabella
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Posts: 4
Joined: Tue Apr 10, 2012 12:51 pm

Re: Comparing citizen FLR(M) dependant vs Tier-2 extension

Post by isabella » Sat Jun 07, 2014 2:58 pm

I was hoping for more solutions, but thank you Amber. So it looks like the settlement clock reset is indeed real then. It's a shame and unfair regulation for switching to FLR(M). Though I didn't realise about the SET(LR) route - at least that could reduce the period to 4 years instead of 5 in my case indeed - something that can be considered also I suppose. Thanks!

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