5 year period split between Tier 2 General and tier 2 dependant - Eligible to apply for ILR?

[vishnugouthaman]

Hi,

I was on Tier 2 general visa from Feb 2013 till Sep 2016 - At which point I switched to Tier 2 Dependant visa (Application & Switch was made within the UK).
Now my wife - who was on her own tier 2 general visa from Feb 2013 will become eligible to apply for ILR by Feb 2018.

My question is whether am I eligible to apply for ILR along with her?
It's mentioned clearly that we need to have 5 yrs in Tier 2 general visa or 5 years in Tier 2 dependant visa to qualify for ILR. But do I qualify if I have 3 yrs in Tier 2 general and last 2 yrs in Tier 2 dependant visa?

In simpler terms, has the 5 year clock been reset when I made the switch to tier 2 dependant from Tier 2 general.

Will put my mind to rest if you can point me towards the relevant documentation in GOV website.

Thanks in advance.

Vishnu

[CR001]

My question is whether am I eligible to apply for ILR along with her?

No.

It's mentioned clearly that we need to have 5 yrs in Tier 2 general visa or 5 years in Tier 2 dependant visa to qualify for ILR. But do I qualify if I have 3 yrs in Tier 2 general and last 2 yrs in Tier 2 dependant visa?

No you do not qualify. You need a full 5 years in Tier 2 General OR a full 5 years as Tier 2 dependent. You cannot combine the time on two different categories to make up 5 years.

In simpler terms, has the 5 year clock been reset when I made the switch to tier 2 dependant from Tier 2 general.

Yes it has.

[vishnugouthaman]

Thanks CR0001.
Much appreciated

[vishnugouthaman]

Another follow up question,
Originally, I came to UK on Sep 2009 on Student Visa and switch to PSW (within Uk) and stayed in that visa between Jan 2011 - Feb 2013 before moving to Tier 2 general.
Am I right in thinking that I will become eligible for ILR thro the 10yr long residence route come Sep 2019?
Anything that I should check/be aware of while considering application in that route?

[CR001]

Yes you can apply based on long residence provided you meet all the requirements.

[vishnugouthaman]

My question is regarding question 6.2 in current Set-O application form.

6.2 Since then have you had any absences from the UK? If yes, give the dates you left and
returned to the UK and the reason for the absence in the spaces below. List all absences
however short and in date order. If you need more space, continue on a separate sheet and
enclose it with your application.

Following the table its mentioned
' Evidence of all work-related absences (including paid annual leave) is required from those
applying under:
• Tier 1 (General);
• Tier 2 (Intra-Company Transfer);
• Tier 2 (General);, .....'

Since my wife will be applying under Tier 2 General it applies on our case.

My question is: My wife's Tier 2 general visa had been sponsored by 3 different companies in the past 5 years. She had travelled outside UK a few times over the 5 year period - all on personal holidays. Is the expectation is to reach out to all the previous sponsors/employers and get a letter detailing that all days that had been spent outside UK had been approved by them and as part of the annual holidays?

What if one or more of the employer is unreachable/unable to provide such a letter?

Thanks,
Vishnu

[zimba]

Yes, you need letter from all three employers. However you may choose not to provide them if the holidays were quite short, like 30 days or less per year.