Tier 2 General and Dependent (Switching after ILR)

[MGM001]

Dear All

I am currently on the Tier 2 General VISA and my partner is on the Tier 2 dependent VISA. We have been married for the past 7 years and have lived together in the UK for 6 years.

I now qualify for ILR via the 10 Year Long Residency scheme and will apply for soon.
Currently I am on maternity leave but hit 10 years in the UK so will have ILR in place before the end of my maternity.

My husband has only been in the UK for 6 years.

My questions are as follows:

What are my husbands option after I have obtained ILR?
He entered UK in 2010 as my dependent and has always been my dependent as I changed catergories from Student to Tier 1 PSW and eventually to Tier 2 General.

As my husband and dependent and we have lived in the same address for 6 years, would he be eligible for ILR? Though this looks too good to be true but always worth asking the experts for their opinion?

I assume the other options are extending his Tier 2 dependent or switching to Spouse VISA. But then again I would like the liberty to work any where once I have ILR so not sure if I will need to continue working for my sponsor should we decide to opt for Tier 2 Dependent Extension.

Your input on this will be greatly appreciated.

[CR001]

If you apply for ILR based on long residence, he has only one option. He has to switch to FLR (M) - spouse settlement visa. He does not qualify for ILR with you neither can he continue as a PBS dependent.

[Casa]

Your husband's immigration clock will be set to zero, putting him on a new 5 year route to ILR (2.5 + 2.5 years). He will also have to pay the NHS surcharge of £500 in addition to the FLR(M) visa fee.

However, once he reaches 10 years of residence in the UK, he will be able to combine all his leave and apply for ILR under long residence in 2020.

[paradoxical]

If you instead continue to extend your Tier 2 visa, and your husband stays as your dependant, then both you and your husband would qualify for ILR after you spending 5 years on Tier 2 and him spending 5 years as your PBS dependant (assuming all other conditions are met)

[MGM001]

Thank you for your responses.

I have another technical query following your suggestions.

For my Husband to apply as FLR (and I assume he will have to go down the 5 years route and extend after initial 2.5 years), we need to show financial requirement of £22,400 per year as we recently had a child.
This once again is debatable as our daughter was born in the UK 7 months ago (and would qualify for citizenship as soon as i get ILR) so it might just be £18,600 and not £22,400.

Does this mean I need to show a personal annual salary for £22.4K per year or could it be joint income coming into the household?

The technical problem I was referring to is that although I would usually meet the salary requirement, I am currently on maternity so over the last 9 months have only been getting Statutory Maternity Pay (SMP) which is below they £22,400 threshold.

So in my case, I would be able to meet the financial requirement once I return to work or meet it now even during maternity if I include my husbands income and show cumulative earning of £22,400 between the two of us. Please advice.

Furthermore, I have not applied for my ILR application and I understand I need my approval before submitting my husbands FLR application.
I was hoping to apply premium service but as we speak there are no premium appointments in the next 42 days in any UKBA centers in England. I am however, keeping an eye out for any cancellations.

If I apply via postal route, and do not hear from them before my husbands application is due? What are his options? Can he apply for FLR on grounds that my application is in process and the only reason for submitting his application prematurely was to avoid overstaying as current VISA expires in Nov 2016?

Please advice.

[CR001]

You can both apply on the same day, hubby a couple of hours after you. Bear in mind that if your application is not approved on the day, hubby's won't be either.

Appointments are onlying available to book 20 to 28 days in advance in England, Scotland or Northern Ireland.

£22,400pa required, your child is not yet British. Joint income can be used.

[MGM001]

Hi Char

Thanks for the reply.
Have tried all centres in UK including Belfast and Glasgow and they all say

"we do not have appointments in the next 42 days at your selected location. You can change your location and search again". And I have done that for all centres.

I keep checking multiple times every day for past 2 days hoping for any cancellation but no joy as yet.

42 days from now will take me to 18 October 2016 so am hoping I can get an appointment towards end of October. Not sure if calling them and booking will make any difference.

If I have to use postal due to inability of getting an appointment and don't hear from them about approval of my ILR when my husbands VISA is due to expire, what are my options. Would he have to exit the country as he will have no grounds for application until my approval.

Thank you for your guidance. Much appreciated.

[CR001]

Appointments are onlying available to book 20 to 28 days in advance in England, Scotland or Northern Ireland

It is too early for appointments in the second half of October. They are not available to book yet.

You cannot "phone to book" and appointment, you have to do it online.

[MGM001]

Dear Moderators
Thank You for all your advice I got my ILR approved thankfully so am well chuffed.

My hubby did not apply at the same time as me but is now keen to apply.
I was looking at the FLR(M) form and there is a 2 year and 5 year route? What is the difference between the two?

Also how long do they give under FLR (M) as he has almost reached 7 years in the UK so only needs 3 more years before he can qualify as LR (10 year rule).
I understand they only give 2.5 years which means he will be 6 months short but will have to pay a whole 2.5 year extension even (and NHS surcharge) even if he only needs 6 months of the 2.5 years.

Is there a way around this?

[CR001]

My hubby did not apply at the same time as me but is now keen to apply.
I was looking at the FLR(M) form and there is a 2 year and 5 year route? What is the difference between the two? There is ONLY a 5 year route. The 2 year route was closed a few years ago.

Also how long do they give under FLR (M) as he has almost reached 7 years in the UK so only needs 3 more years before he can qualify as LR (10 year rule).
I understand they only give 2.5 years which means he will be 6 months short but will have to pay a whole 2.5 year extension even (and NHS surcharge) even if he only needs 6 months of the 2.5 years. He will only get a 2.5 year visa and will have to extend for another 2.5 years.

Is there a way around this? No, there is no way around this.

It would have been easier to apply for your ILR based on Tier 2 as he could have also applied with you for ILR.