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Can Tier 2 dependent travel after Main Applicant is granted SET LR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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JSII1416
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Posts: 2
Joined: Thu Nov 02, 2017 11:18 pm
United Kingdom

Can Tier 2 dependent travel after Main Applicant is granted SET LR?

Post by JSII1416 » Thu Nov 02, 2017 11:38 pm

Hi All,

I was on a Tier 2 General visa, and just got granted an ILR based on Long Residence. My spouse is on the Tier 2 dependent visa and I am aware that she will need to switch to FLR (M) for her 5 year residence clock to get restarted (her Tier 2 dependent visa was granted just last year - so the wait would be similar in both cases).
My query is: can she travel outside the UK on her current Tier 2 dependent or will she not be allowed back in since the Main Applicant (myself) has been granted a long residence ILR? Does anyone here have experience with a situation like this? We are trying to find out whether we need to make the FLR (M) application for her before she travels, or if the current Tier 2 dependent visa will be fine for travel. Haven't seen any clear advice from UKVI on the travel aspect - even though they do stress that PBS dependents need to switch immediately to FLR M if the main PBS applicant gets SET LR.
Thank you in advance for your help!

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can Tier 2 dependent travel after Main Applicant is granted SET LR?

Post by vinny » Fri Nov 03, 2017 12:18 am

No. Should switch to FLR(M) before travel.
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JSII1416
Newly Registered
Posts: 2
Joined: Thu Nov 02, 2017 11:18 pm
United Kingdom

Re: Can Tier 2 dependent travel after Main Applicant is granted SET LR?

Post by JSII1416 » Fri Nov 03, 2017 12:04 pm

Thanks for replying. Would really appreciate it if you could refer me to some sort of guidance on this. The UKBA guidance on this is unclear from what I have seen, the PBS dependent visa itself doesn't seem to be curtailed but we are still urged to switch to FLR M to restart the clock. No mention of problems when re-entering the UK. In fact I have seen some posts on this forum saying they had no issues getting back in, in a similar situation. Anecdotal evidence, hence why I was wondering if you had come across any clear guidance on this? Thanks again

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