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Switching from Tier 2 General to ILR dependent

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shariq
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Switching from Tier 2 General to ILR dependent

Post by shariq » Tue Jun 13, 2017 8:16 pm

Hi,

My wife has Tier 2 General for last 3 years but she has resigned at her work and today was her last working day. We are now looking to make her switch from Tier 2 General to dependent visa on the basis that I hold an ILR (Issued Oct'16).

However, I am confused about the about the category/form she needs to apply in as both "PBS Dependent" and "FLR(M)" seems to be applicable.

"PBS Dependent" guidance suggests that even though I have ILR, I will be considered as tier 2 General (my visa status before ILR).

FLR(M) suggests that if if I hold ILR then my wife should apply using FLR(M) route.

Please suggest the route applicable in this scenario.

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zimba
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Re: Switching from Tier 2 General to ILR dependent

Post by zimba » Tue Jun 13, 2017 8:31 pm

How did you get ILR ? Were you a PBS migrant or applied via Long Residence ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

shariq
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Re: Switching from Tier 2 General to ILR dependent

Post by shariq » Tue Jun 13, 2017 8:44 pm

zimba88 wrote:How did you get ILR ? Were you a PBS migrant or applied via Long Residence ?
Hi,

I was on Tier 2 General - applied for ILR under 5 year route.

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CR001
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Re: Switching from Tier 2 General to ILR dependent

Post by CR001 » Tue Jun 13, 2017 8:46 pm

If your wife has her own Tier 2 General visa and is NOT here as YOUR dependent on PBS, then she cannot apply for PBS Dependent now as you do not hold Tier 2 General.

Her only option is FLR(M).
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shariq
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Re: Switching from Tier 2 General to ILR dependent

Post by shariq » Tue Jun 13, 2017 8:53 pm

CR001 wrote:If your wife has her own Tier 2 General visa and is NOT here as YOUR dependent on PBS, then she cannot apply for PBS Dependent now as you do not hold Tier 2 General.

Her only option is FLR(M).
Thank you.
But could you help me understand the point 2 of page 4 of the PSB Guidance where it states that

"the spouse or partner of a person with indefinite leave to remain or British Citizenship who last
held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite
leave to remain;"


https://www.gov.uk/government/uploads/s ... n_2017.pdf

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Re: Switching from Tier 2 General to ILR dependent

Post by CR001 » Tue Jun 13, 2017 8:58 pm

That is ONLY relevant IF she was in the UK as a Tier 2 General DEPENDENT already, before you got ILR and BC. Based on your post, she does NOT hold a Tier 2 General Dependent visa but is the main visa holder of her OWN Tier 2 General visa.
Char (CR001 not Casa)
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Re: Switching from Tier 2 General to ILR dependent

Post by shariq » Tue Jun 13, 2017 9:02 pm

CR001 wrote:That is ONLY relevant IF she was in the UK as a Tier 2 General DEPENDENT already, before you got ILR and BC. Based on your post, she does NOT hold a Tier 2 General Dependent visa but is the main visa holder of her OWN Tier 2 General visa.
Thanks a lot. Yes, she currently holds her own Tier 2 General Visa and has never been a dependent.
Thanks I will now go ahead and apply under FLR(M).
Is there any DOs/Don't for FLR(M) you may like to suggest?

Thanks again CROO1

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Re: Switching from Tier 2 General to ILR dependent

Post by CR001 » Tue Jun 13, 2017 9:05 pm

Read the form, particularly the documents HO expect to see, examples on page 62/63 roughly.

Make sure you submit 6 months worth of payslips and bank statements to prove you meet the financial requirement.

A2 English needed for spouse or UKVI red route NARIC if overseas degree.

Make sure your accommodation is sufficient and you have the required documents.

Ask question in this topic if you are unsure of anything, no matter how trivial you think it is. Better safe than sorry.

Edit : you can apply in person or by post. Postal can take a few months.
Char (CR001 not Casa)
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shariq
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Re: Switching from Tier 2 General to ILR dependent

Post by shariq » Tue Jun 13, 2017 9:12 pm

CR001 wrote:Read the form, particularly the documents HO expect to see, examples on page 62/63 roughly.

Make sure you submit 6 months worth of payslips and bank statements to prove you meet the financial requirement.

A2 English needed for spouse or UKVI red route NARIC if overseas degree.

Make sure your accommodation is sufficient and you have the required documents.

Ask question in this topic if you are unsure of anything, no matter how trivial you think it is. Better safe than sorry.

Edit : you can apply in person or by post. Postal can take a few months.
She has done Masters from a UK University - does she still need to do A2 English ?

PS: I haven't gone through the FLR(M) guidance document yet - I am sure, there will be lots of questions I will have.

Appreciate your help.

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Re: Switching from Tier 2 General to ILR dependent

Post by Casa » Tue Jun 13, 2017 10:33 pm

shariq wrote:
CR001 wrote:Read the form, particularly the documents HO expect to see, examples on page 62/63 roughly.

Make sure you submit 6 months worth of payslips and bank statements to prove you meet the financial requirement.

A2 English needed for spouse or UKVI red route NARIC if overseas degree.

Make sure your accommodation is sufficient and you have the required documents.

Ask question in this topic if you are unsure of anything, no matter how trivial you think it is. Better safe than sorry.

Edit : you can apply in person or by post. Postal can take a few months.
She has done Masters from a UK University - does she still need to do A2 English ? Not required.

PS: I haven't gone through the FLR(M) guidance document yet - I am sure, there will be lots of questions I will have.

Appreciate your help.
(Casa, not CR001)
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