Main Applicant Now ILR - Tier 2 General Dependant Extension

[talhachohan]

Hi All,

Thanks for the amazing job everyone is doing to help. My situation is as follows:

I am from non-EEA and have been recently granted ILR.
I first came to UK in Jan 2012 and had been on Tier 2 general visa up until my ILR for 5 years. My last leave in Tier 2 - General was until Jan 2018 but applied early because I'd become eligible. I got married to my wife in my home country when I was on Tier 2 and she is also from outside EEA and a Dentist by profession. She got her first visa(entry clearance) in November 2016 and she came to live here with me as a Tier 2 - General Dependant. Her visa expires in line with my last Tier 2 visa which is Jan 2018 and therefore, I've to apply for her extension sometime soon this year. In this regard, I have following questions:

Q1 – Can she apply to extend under Tier 2 general Dependant upto 5 years category ?

Q2 – If not and three years is the most she can get, then that will need another Tier 2 dependant application for the remaining one year to her ILR and what if at that time given that I'll be on ILR or even a British Citizen by then and I am not working with the same employer anymore with whom I had the Tier 2 visa on which she was brought as dependant in the first place ?

Q3 - Can she apply to switch as the dependant of a settled person instead ? I know this will reset her clock and we’ll have to make 2 applications for 2.5 years + 2.5 years qualifying to ILR however, the benefit I see in this is the restriction she currently has that she can’t work as a doctor or dentist in training will be removed and since she has only spent about six months in UK its not a significant period.

Please advise

Thanks

[CR001]

Q1 – Can she apply to extend under Tier 2 general Dependant upto 5 years category ?

She can apply for a Tier 2 general dependent visa shortly before her current visa expires. She will get a 3 year extension.

Q2 – If not and three years is the most she can get, then that will need another Tier 2 dependant application for the remaining one year to her ILR and what if at that time given that I'll be on ILR or even a British Citizen by then and I am not working with the same employer anymore with whom I had the Tier 2 visa on which she was brought as dependant in the first place ?

She can apply for PBS Dep and extend it again if she is short of 5 years for ILR. You working or not working has nothing to do with her visa. Her visa is dependent on you not on your sponsor. Same applies if you are British, she can continue on her current visa.

Q3 - Can she apply to switch as the dependant of a settled person instead ? I know this will reset her clock and we’ll have to make 2 applications for 2.5 years + 2.5 years qualifying to ILR however, the benefit I see in this is the restriction she currently has that she can’t work as a doctor or dentist in training will be removed and since she has only spent about six months in UK its not a significant period.

Yes, she can switch to FLR(M).

[talhachohan]

Hi CR001,

Thanks for a prompt response, I am more inclined to apply under FLR(M) however, reading the following page makes me wonder if I come under the exceptions

https://www.gov.uk/remain-in-uk-family/exceptions

it says
"
Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:

• Tier 2 (General) skilled worker visa

"

Please further guide if this applies in my case or not ?

[CR001]

She can extend her PBS Dependent visa.

She can also switch to FLR(M) if she wishes, which will reset her clock to zero and a new 5 year residence period. English language required and you must meet the financial requirement of £18,600pa (assuming no children).