Tier 2 dependent (less than 5 years) to ILR

[mwhf]

Hello,
My husband and I have been living in the UK for over 4 years so we have started thinking about settlement (ILR) application.

My husband is a straight forward case – he will have been working in the UK under Tier 2 General visa by August 2017 with making above threshold salary.

My case – I had held Tier 2 ICT visa when we started living in the UK, and then I switched to my husband’s dependent visa. So in August 2017, I will have lived in the UK legally for 5 years but under two separate visas (Tier 2 ICT for 14 month and Tier 2 General - dependent for 3 years and 10 months).

My questions are as follows:

1) My understanding is that I am not eligible to apply for ILR in August 2017, as I have not been on a dependent visa for 5 years. Is it correct?
2) What should I do when my husband obtains ILR? I need to stay in the UK and keep my job here. Do I have to change my visa to dependent on ILR holder? Can I continue with my current status (T2 General dependent) and renew this status (my current dependent visa will expire August 2018 so I will have 59 months on a dependent visa)?
3) If I switch my visa to a dependent of a settled family member (i.e. my husband with ILR), will my clock to ILR be re-set? Can Home Office add up my dependent periods in two different visas?

I would really appreciate your inputs. Many thanks!

[Casa]

Hello,
My husband and I have been living in the UK for over 4 years so we have started thinking about settlement (ILR) application.

My husband is a straight forward case – he will have been working in the UK under Tier 2 General visa by August 2017 with making above threshold salary.

My case – I had held Tier 2 ICT visa when we started living in the UK, and then I switched to my husband’s dependent visa. So in August 2017, I will have lived in the UK legally for 5 years but under two separate visas (Tier 2 ICT for 14 month and Tier 2 General - dependent for 3 years and 10 months).

My questions are as follows:

1) My understanding is that I am not eligible to apply for ILR in August 2017, as I have not been on a dependent visa for 5 years. Is it correct? YES
2) What should I do when my husband obtains ILR? I need to stay in the UK and keep my job here. Do I have to change my visa to dependent on ILR holder? Can I continue with my current status (T2 General dependent) and renew this status (my current dependent visa will expire August 2018 so I will have 59 months on a dependent visa)? Continue on your current visa. You can apply for ILR 28 days before the expiry date.
3) If I switch my visa to a dependent of a settled family member (i.e. my husband with ILR), will my clock to ILR be re-set? Can Home Office add up my dependent periods in two different visas? Yes. Switching to FLR(M) would re-set your immigration clock to zero, putting you on a new 5 year path to settlement.

I would really appreciate your inputs. Many thanks!

[mwhf]

Hi Casa,

Thanks so much for your advise. It is really helpful. Could I ask one more question?

After closely looking at the dates of entry under the current visa and the visa expiry date, I realised I am closet to 2 months short for 5 years. My visa expires in early August but my date of entry under the current visa was end of September (although the visa was issued a month earlier). In this case, what are my options? Can I extend the current visa, say half a year before the expiry, and apply for ILR when I have full 5 years as dependent?

Many thanks.

[CR001]

Can I extend the current visa, say half a year before the expiry, and apply for ILR when I have full 5 years as dependent?

Yes, although an extension will be granted for 3 years as PBS Dependent.

[mwhf]

Thanks a lot. It is a relief, although it feels a bit strange that I can extend PBS dependent status even though my spouse is already a settled resident. Perhaps it is to save someone like me who joined a spouse (or get married) midway though a main visa holder accumulating 5 years to ILR...

[Casa]

Just consider this as the bonus ball in the immigration lottery.