ILR from Tier 2 (General) - dependant not eligible

[ArindamD]

Hi, I'm very confused about what to do now given my circumstances. Could anyone help me, please?

Me and my wife are work permit holders (Tier 2 General). I got my Tier 2 General in July 2012. My wife came to UK in May, 2014 as my dependent. We got our Tier 2 renewed in July 2015 and we both have the VISA till 2018.

I believe I'll be eligible for ILR in July this year, after finishing 5 years on Tier 2 General, but my wife wouldn't.

What shall we do? Can get ILR later this year and would my wife be able to extend the Tier 2 General next year?

I'm very confused about what to do now given my circumstances. Could anyone help me, please?

Many thanks.

[CR001]

If you meet all the requirements for ILR (including the salary requirement), then you can apply for ILR.

Your wife will qualify in 2019 if she meets all the requirements including the recent change to absence limit for PBS dependents and she can therefore continue to extend her PBS dependent visa until then.

[ArindamD]

If you meet all the requirements for ILR (including the salary requirement), then you can apply for ILR.

Your wife will qualify in 2019 if she meets all the requirements including the recent change to absence limit for PBS dependents and she can therefore continue to extend her PBS dependent visa until then.

Firstly, many thanks for your response, I appreciate it. What you said would be ideal, but as I understand, she can't extend the Tier 2 (general) in 2018 because I won't be holding a Tier 2 visa anymore. Could you please shed some light on this, please?

Could you also let me know what the absence limit is?

Many thanks.

[CR001]

If you get ILR via Tier 2 General and 5 years residence, she can continue on her existing path and extend her visa. The immigration rules allow this.

See dependants-of-ilr-economic-5-year-route-applicants (click)

Absence should not be or have been, more than 180 days per 12 month cycle (dependent on and counted backwards from date eligible for ILR).

[ArindamD]

Many thanks for your advise.

[CR001]

You're welcome. Feel free to ask any questions on this in the same topic.

[ArindamD]

Hi, I have few more questions.

My wife is currently employed.

Will she be able to continue with her employment after I get the ILR?
Will she be able to extend her Tier 2 without being sponsored or getting CoS?
Does her employer need to carry out resident labor market tests?

Please advise. Many thanks.

[CR001]

Will she be able to continue with her employment after I get the ILR? Yes

Will she be able to extend her Tier 2 without being sponsored or getting CoS? Yes

Does her employer need to carry out resident labor market tests? No