ILR(LR) for Tier 2 PBS Dependent

[EAI]

Hi

I am on a Tier 2 dependent leave to remain valid until September 2017. My sponsor was just granted ILR through Long Residence.
I myself qualify for ILR (LR) in March 2017.
Reading the threads I found out that I do not need to switch to FLR(M) since my current leave to remain is still valid. And I still can apply for ILR(LR) in March 2017. However, I cannot leave the country during these few months until March 2017.

Could someone please let me know if my understanding is right and provide me with the policy/document number/title covering my case? I could not find anything related to "Not being able to leave the country while on Tier 2 dependent VISA when the main applicant has ILR(LR)".

I have contacted VISA and Immigration services helpline and everyone gives me a different advice.

I would really appreciate if someone could put my mind at ease and answer my questions.

Kind regards,
EAI

[CR001]

Of course you can leave, but you risk being refused entry on return. Your choice, depends on what is more important to you given that you have 3 /4 months till you qualify.

See link below, specifically link in last post. There were rule changes in April 2014, meaning PBS dep are required or should switch to FLR(M) and can no longer continue as PBS Dependents if the main PBS migrant got ILR based on long residence.

http://www.immigrationboards.com/immigr ... 43881.html

[EAI]

Thank you so much CR001.

So should I switch or can I stay on my current Tier 2 PBS dependent leave to remain until I qualify? bearing in mind that I am not going to risk it and will not leave the country.

Regards,
EAI

[CR001]

If you have no plans to travel outside the UK, you should be fine to remain on the PBS Dependent visa till you qualify (up to 28 before) 10 years long residence.

On what date did you initially enter the UK?

Are you within the absence limits for ILR LR?

[EAI]

I first entered the UK in April 2007 as a student. Then I was on a Tier 2 visa myself before switching to tier 2 dependent last September.

If the rules say I have to switch to FLR(M) and I do not, then will I not be rejected if I apply for ILR(LR)?! I called VISA and Immigration helpline yesterday and they insisted I have to switch. I cannot find any policy/document saying that I am fine as long as I do not travel outside the UK, so that I can refer to it later if I need to.

I am within the absence limit for ILR(LR). I can still spend a few months outside the UK based on this.

Thank you.

[CR001]

There is no policy document that says it is fine. It is based on members experience on the forum.

Yes, HO/UKVI would tell you have to switch as that is what the immigration rules say.

[CR001]

There is no policy document that says it is fine. It is based on members experience on the forum and their ILR success.

Yes, HO/UKVI would tell you have to switch as that is what the immigration rules say.

[EAI]

Thank you so much CR001 for your help.

personal experiences may vary and I might not be as lucky as some of the members have been!
I think it would be wiser to switch rather than getting into trouble later.

Kind regards,
EAI

[CR001]

Unlikely you will get into 'trouble'.

To switch, if you apply in person, it is £1,195 plus £500 immigration health surcharge, there is the financial requirement that has to be met and you need English A1 if not exempt or UK Naric ELA for foreign degree or UK degree.

[EAI]

what would you suggest I do?

I was planning to apply for ILR(LR) in person. Wouldn't they know that the main applicant has already been granted ILR(LR)? Wouldn't I be questioned why I did not switch when the rules clearly say that I should?

I am very confused right now...We were not aware of these rules before my husband applied for his.

[EAI]

also when I switch to FLR(M) my ILR(LR) will be set to zero, right?

Can I switch to any other category? e.g. Tier 2 PBS?

[vinny]

Time already spent should be okay for SET(LR), if you switch.

However, I think you should also be okay, if you don't travel and don't switch and have sufficent leave.

[EAI]

thank you vinny!

so the clock would not be set to zero?! and I still can apply for ILR(LR) in March 2017?

[CR001]

thank you vinny!

so the clock would not be set to zero?! and I still can apply for ILR(LR) in March 2017?

Yes. Clock resetting is NOT applicable to ILR LR applications. It is only relevant to 5 year residence based ILR applications.

[EAI]

Thank you. I will let you know what I'll do and the outcome.