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Break in 5 years due to change in visa type

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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anandb
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Posts: 29
Joined: Mon Dec 17, 2012 10:07 am
India

Break in 5 years due to change in visa type

Post by anandb » Mon Jan 23, 2017 10:03 pm

Hi,
I am now eligible for ILR having completed 5 years stay here in UK. However, my wife's situation is complex, so would benefit from any suggestions or expert advice. Both our current Tier 1 visas (she is dependent) are valid until September 2017.

# She first entered UK on dependent Tier 1 visa on 9-April-2012 (visa expiry 30-01-2013)
# On 28 Jan 2013, she moved to home country to apply for Tier 2 visa, sponsored by her employer. This visa was later annulled in Feb'13 when she was laid off and still in home country, and then applied for a Tier 1 dependant visa in March'13, and arrived in UK in April 2013. She was outside UK for c.90 days in total, but continued to receive UK salary and paid UK taxes, during her notice period. She never entered UK on Tier 2 visa.
# Since April 2013, she has been on my dependent visa.

My questions are:
1. Will the visa change from Tier 1 dependent to Tier 2 main applicant, and again to Tier 1 dependent, create any problem for her 5 years continuous period?
2. If she is not eligible now, and will be eligible only in April 2018, what visa should she be on after Sept 2017, as I will be applying for my ILR in Feb'17. Does she need to apply with me for ILR dependent or extend her Tier 1 dependent visa now?
3. If I shift to ILR next month, does her Tier 1 dependent visa become invalid?

Would appreciate if you could spare some time and provide advice.

Thank you,
Anand

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CR001
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Re: Break in 5 years due to change in visa type

Post by CR001 » Mon Jan 23, 2017 10:15 pm

She qualifies for ILR in 2018. Yes the shift to tier 2 affected her residence as your dependent.

She can continue to extend her current visa when you get ILR.
Char (CR001 not Casa)
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anandb
Newly Registered
Posts: 29
Joined: Mon Dec 17, 2012 10:07 am
India

Re: Break in 5 years due to change in visa type

Post by anandb » Mon Jan 23, 2017 10:29 pm

Thanks CR001.

Just to confirm, are you suggesting she can extend her Tier 1 dependent visa even if I move on to ILR? Is her visa valid as I am no more in Tier 1?

Thank you,
Anand

vinny
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Re: Break in 5 years due to change in visa type

Post by vinny » Tue Jan 24, 2017 12:03 am

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