ILR timeperiod for dependents

[asarliay]

Hi Admins/Gurus & contributors,

I have travelled to the UK on Tier 2 general Visa on 04th May 2014 (Visa issue date:29/04/2014).
My husband & kid travelled on 12th June 2015 (Visa issue date: 21/05/2015).
Our Tier 2 general is valid till 04/05/2020.

Below are some assumptions I am making after reading religiously through the different posts in this site and the UKVI site.

Assumptions:
1) I would be eligible for ILR by 01/04/2019 (Visa issue date minus 28 days).
2) I would be eligible for Citizenship by 01/05/2020.(ILR plus 1 year).
Please correct me if I am wrong in any of the assumptions above.

Question:
As per the rule, my spouse needs to complete 5 years of stay with me in the UK. It would be as of 12/06/2020. If I include the 28 days relief period(not sure whether that is valid for dependents), it would be 15/05/2020. However the PBS dependent visa expires on 04/05/2020, and hence my spouse falls short of 11 days to be eligible for ILR. His Visa issue date is 21/05/2015.

1.The same way as my ILR eligibility starts from VISA issue date, does it start for dependents as well? (In that case he would be eligible for ILR on 23/04/2020 and hence no need to go for extension/switch).
2.If the above question is answered with NO, then: Is there a way we can use the original COS to extend the PBS dependent Visa further for 1 or 2 months(or 1 year) and make my spouse & kid eligible for ILR? Do I need my employer's letter/consent for the same at that point of time(just like an employer letter for my ILR)?
3.If my spouse continues to be a PBS dependent I am assuming I need to be still with the same company, or can I switch?
4.If my spouse switches to FLR(M), the clock will be reset for him and would take 5 years to be ILR-eligible. In that case if we make that switch as soon as I am ILR (assuming 1/4/2019); will there be a problem after I become citizen?
5.Something not related to ILR--> If my spouse wants to take a new Tier 2 General, how long does he need to stay in home country at the current circumstances (did not see any new rules for April 2017, so I am assuming he can apply fast track and get it done within a 3 week period at home). Please advice otherwise


Understand that there is a long list of questions, kindly help

Thanking in advance

[CR001]

1. For dependents, it starts from the date of ENTRY to the UK. They could apply by post and then vary their applications to ILR when they qualify.

2. PBS Dependents don't require a CoS to apply for an extension. An extension is granted for 3 years, you cannot choose less time. Your dependents applications have nothing to do with your employer. They are dependent on YOU only.

3. No you don't. You can change employers if you wish to.

4. It is the same visa whether you have ILR or British citizenship.

5. There is no cooling off period for dependents applying for Tier 2 General. Please ask Tier 2 General question in the Tier 2 General sub forum further up the main forum page.

[asarliay]

1. For dependents, it starts from the date of ENTRY to the UK. They could apply by post and then vary their applications to ILR when they qualify.

2. PBS Dependents don't require a CoS to apply for an extension. An extension is granted for 3 years, you cannot choose less time. Your dependents applications have nothing to do with your employer. They are dependent on YOU only.

3. No you don't. You can change employers if you wish to.

4. It is the same visa whether you have ILR or British citizenship.

5. There is no cooling off period for dependents applying for Tier 2 General. Please ask Tier 2 General question in the Tier 2 General sub forum further up the main forum page.

Hi CR001,
Thank you for your response. I got my answers. Just one clarification though.
Once his visa expires he can apply for a 3 year extension (Though he completed 6 years as a PBS dependent) and soon when he becomes ILR eligible(in a month or so), he can go for ILR. No need to switch to FLR(M). Am I correct?

Thanks & Regards,

[zimba]

He should apply for extension BEFORE his visa expiry via post and in a few weeks after that (when eligible for ILR) he will vary the extension application to SET(O) for ILR.

[asarliay]

He should apply for extension BEFORE his visa expiry via post and in a few weeks after that (when eligible for ILR) he will vary the extension application to SET(O) for ILR.

HI Zimba88,

Thank you.
Apologies for the typo, I meant Apply before expiry(not after).

I was not aware about 'varying an application' to a different one. Just reading through the posts now. Many thanks.

Thanks & Regards