Husband moved from Tier 2 to ILR (LR) - Wife still on Tier 2

[vchhabra18]

Hello all,

This maybe a simple question for you all but I am tearing my hair apart because of this..

So I have just got my ILR (LR) long residency route - moved from Tier 2. Got married in Nov and Mrs joined me in Dec 2015 (7.5 months now) on Tier 2 dependent visa. She has her Tier 2 dependent visa validity till Dec 2018 (3 years)... Now here is the question....

1. I understand that she can continue living on Tier 2 dependent even after I have moved on to ILR (LR). Can someone confirm if that is the case please?

2. This is the main one - Once those 3 years complete in 2018 and we come to renewal, she wont be allowed for ILR ofcourse because its 5 years requirement now because of the rule change. So we will need to get her a visa - and the only one I can think of is FLR (M) - but the confusion is that wouldn't that reset her clock back to 0 and she has restart her 5 years from that point on and aim for ILR in 2023? or am I just deluded?

If my understanding is correct - then is there something we can do now to ensure she doesn't lose the time spent in the UK over the next 3 years please?

I have been silently following this forum for many years now and it has always answered all my questions.. but this one I just could not find the answer to....HELP please?

[ravi_ei]

You have to apply FLR(M) for your wife now. She has to switch to FLR(M) in 2018 when Tier 2 visa expires. You cannot add Tier 2 dependent visa time and FLR(M) time to get 5 year duration for ILR. The ILR clock will reset when visa is switched to FLR(M). So it would be better to reset the ILR clock now and switch to FLR(M) now.

[CR001]

1. I understand that she can continue living on Tier 2 dependent even after I have moved on to ILR (LR). Can someone confirm if that is the case please?

No, this is ONLY the case if you had gotten ILR based on Tier 2.

2. This is the main one - Once those 3 years complete in 2018 and we come to renewal, she wont be allowed for ILR ofcourse because its 5 years requirement now because of the rule change. So we will need to get her a visa - and the only one I can think of is FLR (M) - but the confusion is that wouldn't that reset her clock back to 0 and she has restart her 5 years from that point on and aim for ILR in 2023? or am I just deluded?

The sooner she applies for FLR(M), the sooner her new 5 years period towards ILR will start. You applying for ILR based on long residency effectively wipes out any time she spends on PBS Dependent visa for the purpose of her ILR based on 5 years residence. She cannot combine PBS and FLR(M) to make up the 5 years.

The rules changed in April 2014.
http://www.immigrationboards.com/immigr ... 43881.html

[vchhabra18]

1. I understand that she can continue living on Tier 2 dependent even after I have moved on to ILR (LR). Can someone confirm if that is the case please?

No, this is ONLY the case if you had gotten ILR based on Tier 2.

So this means that she will have to apply for FLR(M) visa now? considering staying as is on Tier dependent is not an option anymore..

How does it work with the IH surcharge in that case? We paid for 3 years and if she will switch to FLR (M) - then we pay for IH surcharge again? and previously paid £600 (out of which we only used 8 months of visa - or rather are allowed to) - will there be a refund or can be adjusted maybe?

[CR001]

IHS fee is payable with each and every application made. You might get a refund of the previous payment.

[Abc499]

How does it work with the IH surcharge in that case? We paid for 3 years and if she will switch to FLR (M) - then we pay for IH surcharge again? and previously paid £600 (out of which we only used 8 months of visa - or rather are allowed to) - will there be a refund or can be adjusted maybe?

[/quote]

it seems that you will not be able to get any refund/adjustment on this case. Summary is like, if an application approved then they will not refund/adjust anything form it

https://www.whatdotheyknow.com/request/ ... ier_2_gene