Switching from Tier 2 General to Tier 2 General Dependant

[rajchaitanyav]

1Hi Friends,
I am on Tier 2 General Visa and completed 3.5 years in UK. During this 3.5 period there is gap of 7 months where i was in India for a 7 months. I have couple of questions regarding ILR.
Plan 1 :
1) Will I be eligible for applying ILR as there is gap of 7 months(ideally it should not be more than 6 months)
2) Is there any similar case who got ILR which you have come across ?
3)If so , what needs to done to justify that 7 months gap.

Plan 2 :
Few people have suggested to initiate Tier 2 General Visa for my dependant and me to become dependant.
4 ) In this case can i apply for ILR after spending 1.5 years in UK (3.5 as Tier 2 General main applicant + 1.5 years Tier 2 General Dependant) ?
5) Advantage of Plan 2 would be , if in case Plan1 didnt work i just need to spend 3.5 years on Tier 2 General Dependant for applying ILR .

Please share your experiences .

Regards,
Raj

[CR001]

1) Will I be eligible for applying ILR as there is gap of 7 months(ideally it should not be more than 6 months)
2) Is there any similar case who got ILR which you have come across ?
3)If so , what needs to done to justify that 7 months gap.

1. It depends entirely on whether you can break your absence into two different 12 month periods.

Plan 2 :
Few people have suggested to initiate Tier 2 General Visa for my dependant and me to become dependant.
4 ) In this case can i apply for ILR after spending 1.5 years in UK (3.5 as Tier 2 General main applicant + 1.5 years Tier 2 General Dependant) ?
5) Advantage of Plan 2 would be , if in case Plan1 didnt work i just need to spend 3.5 years on Tier 2 General Dependant for applying ILR .

4. If your you and your dependent switch, the 5 year clock towards ILR resets to zero. You cannot combine tier main visa holder with tier 2 dependent visa holder to make up 5 years. You need 5 years in EACH category to qualify for ILR based on 5 years residence.

[rajchaitanyav]

Thanks for the response # CR001

" It depends entirely on whether you can break your absence into two different 12 month periods."
<Raj> My First entry into UK on Tier 2 General is 07-04-2014
Travelled to India on 05-08-2015 and travelled back to UK on 05-03-2016.
Please suggest if there is any chance to justify this gap.

Thanks in advance.

[rajchaitanyav]

My First entry into UK on Tier 2 General is 07-04-2014
Travelled to India on 05-08-2015 and travelled back to UK on 05-03-2016.

So there is a gap of 7 months and i am outside.
Please suggest if there is any chance to justify this gap and apply for ILR

[CR001]

What was the visa issued/start date in 2014?

You need to work out the date you would qualify for ILR and then count the 5 x 12 month cycles backwards and work out if you can split the 7 months absence in 2 different 12 month cycles.

[rajchaitanyav]

Thanks for the response CR001.
Visa Issued/Start Date : 31/03/2014
and my current visa is valid till 24/12/2019.

So,can I apply for ILR in December 2019 , so that the 7 months gap will split into two different 12 month cycles.
Please correct if my understanding is wrong and kindly share further inputs

[CR001]

Unless you list the absences per 12 month cycle, I cannot comment further. I am not doing the calculation for you.

Example, counting backwards from the date you qualify or are planning to apply for ILR.

Year 1 - x date to x date - x absences
Year 2 - x date to x date - x absences
Year 3 - x date to x date - x absences
Year 4 - x date to x date - x absences
Year 5 - x date to x date - x absences