Switching from a Tier 2 General to dependent visa

[lib28]

Hi All,

I am conscious that parts of my query have been discussed on other topics on this forum - so sorry for some repetition. However, mine is a relatively peculiar case and I was hoping if someone has similar experience, they can share the knowledge.

I currently work in UK on a Tier 2 General visa sponsored by my employer - I came in 2015 and my visa is valid until Oct 2018.
My husband is now applying for his ILR as he has completed 5 years under his own Tier 2 General visa (he came to UK in 2012).

I am now exploring the option of switching my visa from employer sponsorship to become my husband's dependent. So, I have the following questions, please:

1. Can I switch my visa to a Tier 2 PBS Dependent visa, even though my husband will now have an ILR (i.e. he will no longer be on a Tier 2 General visa)?

2. Does this mean my own clock for the ILR resets?

3. What is the duration for which a PBS dependent visa is granted?

4. I have been reading about a FLR(M) visa - I don't think that is the right visa for me. Am I right?

I would be very grateful if you could help me with these queries, please. Thanks a lot.

[CR001]

1. Can I switch my visa to a Tier 2 PBS Dependent visa, even though my husband will now have an ILR (i.e. he will no longer be on a Tier 2 General visa)?

If he holds ILR then No, you cannot apply for PBS dependent. You can only apply on FLR(M).

2. Does this mean my own clock for the ILR resets?

Your clock resets regardless of which dependent visa you apply for.

3. What is the duration for which a PBS dependent visa is granted?

3 years and rhen you need another extension of another 3 years and can apply for ILR once you have 5 years as PBS dependent.

4. I have been reading about a FLR(M) visa - I don't think that is the right visa for me. Am I right?

If partner has ILR, then FLR(M) is the only visa you can apply for and it will be 2 X 2.5 year visas before you can qualify for ILR.

[lib28]

Thanks you very much for the quick revert @CR001. I now understand that I can apply for FLR(M) since my husband will gain his ILR status.

Just one quick question please - Can I continue to work at my current employer while i am in the process of making this switch?

Thanks a lot.

[CR001]

You can work wherever you want to. You must however inform your employer once you are granted FLR(M) and provide updated right to work documents.

[lib28]

Thank you @CR001.

It seems it is fairly clear that if my husband has his ILR, the only visa I can apply for is FLR(M).

But I read the PBS dependent guidance (dated Jan 2017) and it appears that there are conflicting messages (https://www.gov.uk/government/uploads/s ... n_2017.pdf)

You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the
Immigration Rules and you are:
 the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points
Based System; or
 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; or
 the child 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:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012.

The second point underlined there seems can apply to me. Does this mean I can actually apply for a PBS dependent even after my husband gets ILR since he last held leave as a TIER 2 PBS migrant? Is my understanding correct?

Help is much appreciated. Thank you.

[CR001]

No it does not apply to you because you currently so not hold a visa as a PBS dependent.

You stated you hold your own tier 2 general visa. The piece you highlight only applies if ypu are already a PBS dependent with valid leave to remain I that category at the time the spouse gets ILR.

[lib28]

Thanks very much for the quick revert.

So FLR(M) is the only way forward then.

Since my current Tier 2 (general) visa is valid until Oct 2018, if I were to apply for FLR(M) now, instead of waiting until next year - does this mean I have to pay the health surcharge for the entire validity from now until 2.5 years of FLR(M)?

Or is there some kind of credit, since under my existing visa I have paid IHS until Oct 2018 already?

Thank you.

[CR001]

No there is no "credit" system. You have to pay £500 health surcharge when you apply for FLR(M).

Unlikely you will get a refund of what you have already paid as it is ypur choice to switch visas.

https://www.whatdotheyknow.com/request/ ... ier_2_gene