Tier 2 visa holder eligible for ILR but dependent isn't?

[sneha87]

Edit: I'm sorry, I've just realised that I might have posted this in the non-tier forum but it's not letting me delete it!

Hi there,

This is a bit of a long one, so please bear with me!

My (now) husband and I first came to the UK as students in September 2010. We then switched over to the Post Study Work Visa in December 2011. We both got jobs with companies that wanted to sponsor us after the PSW expired, and so got Tier 2 visas with our respective companies in October 2013. We then got married in April 2014. I am still on the Tier 2 visa with the same company, and will be eligible to apply for Indefinite Leave to Remain in October 2018. So no worries there.

Slightly more complicated for my husband though! He wanted to change jobs and with not a lot of employers willing to sponsor migrants in his field of work, he decided to become a dependent on my visa, so he could work anywhere without worrying about sponsorship. So that’s what we did and it went off without a hitch. In January 2016, he switched from being a Tier 2 visa holder to becoming a Tier 2 dependent on my visa, and it has been that way to this date.

Now that you have the backstory, here are my questions!

- I’m definitely eligible to apply for ILR in October due to being a Tier 2 visa holder for 5 continuous years. Will be also be able to apply for ILR on the same application? Based on what I’ve read, he might not be able to because he’s only been a dependent for 2 years and that’s the only thing that will count.
- If he can’t do the above, can he continue as a Tier 2 PBS dependent even though I won’t be on Tier 2 anymore? His dependent visa runs out in October 2019, so will he be allowed to extend it? Again, I’ve seen threads where it’s been said that this was possible, but they’re all over a year old so I don’t know if the rules have changed, and I can’t find anything on the GOV.UK website
- Will he be able to switch to a Family visa/ILR dependent visa once my ILR comes through? We’re not worried about the clock resetting again, because by 2020 he will be eligible for ILR based on the 10 year continuous period anyway.

Thank you for reading, I know this is a lot of info! And thank you in advance for any help.

[vinny]

- I’m definitely eligible to apply for ILR in October due to being a Tier 2 visa holder for 5 continuous years. Will be also be able to apply for ILR on the same application? Based on what I’ve read, he might not be able to because he’s only been a dependent for 2 years and that’s the only thing that will count.

Correct (subject to 319E).

- If he can’t do the above, can he continue as a Tier 2 PBS dependent even though I won’t be on Tier 2 anymore? His dependent visa runs out in October 2019, so will he be allowed to extend it? Again, I’ve seen threads where it’s been said that this was possible, but they’re all over a year old so I don’t know if the rules have changed, and I can’t find anything on the GOV.UK website

Yes (subject to 319C).

- Will he be able to switch to a Family visa/ILR dependent visa once my ILR comes through? We’re not worried about the clock resetting again, because by 2020 he will be eligible for ILR based on the 10 year continuous period anyway.

Yes (subject to Appendix FM, SE, etc.)

[sneha87]

Hi Vinny,

Thanks for your reply and the links that you provided, I really appreciate it.

Just one follow-up question - given that he can remain as a PBS dependent, will he have to extend his visa as soon as I've switched to ILR? Or does he have the option to wait for it to get closer to the time it's due to run out in October next year? Thanks.

[CR001]

Or does he have the option to wait for it to get closer to the time it's due to run out in October next year?

This one.