Will your time reset if you switch from main to dependent?

[pixgyp5]

My boyfriend and I have been in the UK for 4.5 years. I am the main applicant for Tier 2 Migrant (shortage occupation) and my boyfriend is my Tier 2 dependent.

Unfortunately my contract will be ending end of March, and therefore my visa. My boyfriend's employer said that they can sponsor him for a Tier 2 visa, and I would be his dependent.

If we switch to him being the main and me as dependent, will it reset our time here in the UK? It would be such a shame since we are so close to 5 years and were hoping to apply for ILR.

Thank you for your help!

[vinny]

Unfortunately, the time requirement for ILR will be reset in both cases, under 245HF(b) and 319E(b).

[aiman_a]

Hi,

Is this because switching from a Tier 2 Dependent to a Tier 2 General forces you to leave the country and get new entry clearance, thereby breaking continuous residence?

Having a look at 319D, all it states is that you must have had the same partner for the full 5 years, nothing about changing types of visa?

In fact it states that you are eligible if you have been a partner whilst they were a PBS migrant, or under another category of rules. Does this imply that a dependent visa does not count as another category?

319D (d) (ii) states
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

[aiman_a]

By 319D I actually meant 319E

[aiman_a]

And another bit of confusion:
If the applicant had valid leave (as a non-dependent, say for instance a tier 2 general), but were still a partner for that period, and can prove this, and THEN switched to a dependent visa, these statements are still true.

It specifically says "with leave" as the partner of that person. There is no mention that you have to be on a dependent visa. You could be "with leave" as a Tier 2 General migrant and still be with your partner.

Please correct me if I'm wrong. I'm not a lawyer.

[aiman_a]

[vinny]

319E(b) prevents Dependants from qualifying for ILR under 319E before the main PBS holder qualifies for ILR.

[aiman_a]

Ok, so in this instance, because the OP's boyfriend won't be eligible for ILR due to switching, the dependant is also not eligible. This is presumably because of what is listed here which states that you can not combine your tier 2 general and tier 2 dependent visas.

I still find the wording horribly confusing on the 319E document and I'm struggling to see how you're logically reaching your conclusions.

I did however find this guidance here that claims that you can not combine different forms of leave for your ILR, i.e. going from a non-dependant to a dependant. (Page 34 of 83, paragraph "Combining leave for ILR")

[vinny]

Ok, so in this instance, because the OP's boyfriend won't be eligible for ILR due to switching, the dependant is also not eligible. This is presumably because of what is listed here which states that you can not combine your tier 2 general and tier 2 dependent visas.

Yes.

Dependants cannot qualify before the Main Applicant, unless they qualify under Long residence.

[vinny]

I still find the wording horribly confusing on the 319E document and I'm struggling to see how you're logically reaching your conclusions.

Many would agree that the rules are too complex.