Tier 2 General Route or 10 year long residence route?

[kyatezz]

Hello,

I am currently on a Tier 2 General dependant visa since 02-01-2017 valid until 28-11-2019. I am eligible to extend it by another 3 years to Nov 2022.

I am continuously in the UK since May 2012 (via Tier 2 ICT visa until Jan 2017), so by May 2022, I will also be eligible to apply for ILR via the 10-year route.

My questions are:
1. Is it better to go for ILR via the 10-year route, as it is going to be 6 months earlier?
2. As my new employer is looking to sponsor a Tier 2 General visa for me, will my 5-year clock reset once again from the day I get my new residence permit? If so, would the 10-year route be the best option for me to get the ILR faster?
3. Do I need to show my 10 years of HMRC self-assessment tax returns for the 10-year route? I am afraid I may not have them all. What should I do to mitigate?

Thank you,
Ravi

[CR001]

1. Your choice which route you apply. As a PBS Dependent though, you can only apply for ILR based on PBS Dependent route if your partner is applying at the same time or if your partner already has ILR. Doesn't apply to 10 years LR ILR.

2. Yes, it will reset for 5 years ILR route. Again, your choice if you choose to apply for ILR based on long residence, we cannot make that decision for you.

3. Read the SET(LR) form, it very clearly states the minimal documents that are required.

[kyatezz]

Thank you, we both would plan to apply for ILR, but only I will plan to apply for British citizenship.

She will want to remain on ILR as she wishes to retain her Indian passport.

Does it mean that I better apply for ILR-LR route as that will keep me independent of my wife's choice?

Also, what is the main difference between ILR-LR and ILR-PBS route? Why would someone prefer the later?

[CR001]

Thank you, we both would plan to apply for ILR, but only I will plan to apply for British citizenship.

She will want to remain on ILR as she wishes to retain her Indian passport.

This is irrelevant. There is no 'dependent' concept for citizenship.

Does it mean that I better apply for ILR-LR route as that will keep me independent of my wife's choice?

ILR is ILR regardless of which route. Once ANY person has ILR, they are independent of their spouse.

Also, what is the main difference between ILR-LR and ILR-PBS route? Why would someone prefer the later?

One is 10 years legal stay and no more than 540 days absence in the whole 10 years and no more than 180 days single absence at any time. Requires less documents but you must have met the conditions of each visa you have held (i.e. not worked more than 20 hours as a student for example, not worked for any other company other than your tier 2 sponsor etc).

The other is 5 years residence, with limited absence. requires a bit more paperwork.

Both end result is the same.

[marcnath]

Also, what is the main difference between ILR-LR and ILR-PBS route? Why would someone prefer the later?

One is 10 years legal stay and no more than 540 days absence in the whole 10 years and no more than 180 days single absence at any time. Requires less documents but you must have met the conditions of each visa you have held (i.e. not worked more than 20 hours as a student for example, not worked for any other company other than your tier 2 sponsor etc).

The other is 5 years residence, with limited absence. requires a bit more paperwork.

Both end result is the same.

One significant impact of using ILR-LR is on your dependant. Your dependant's 5 year clock gets reset once you go on ILR-LR.

[CR001]

Also, what is the main difference between ILR-LR and ILR-PBS route? Why would someone prefer the later?

One is 10 years legal stay and no more than 540 days absence in the whole 10 years and no more than 180 days single absence at any time. Requires less documents but you must have met the conditions of each visa you have held (i.e. not worked more than 20 hours as a student for example, not worked for any other company other than your tier 2 sponsor etc).

The other is 5 years residence, with limited absence. requires a bit more paperwork.

Both end result is the same.

One significant impact of using ILR-LR is on your dependant. Your dependant's 5 year clock gets reset once you go on ILR-LR.

The OP is the Tier 2 Dependent visa holder.

Hello,

I am currently on a Tier 2 General dependant visa since 02-01-2017 valid until 28-11-2019. I am eligible to extend it by another 3 years to Nov 2022.

[marcnath]

Also, what is the main difference between ILR-LR and ILR-PBS route? Why would someone prefer the later?

One is 10 years legal stay and no more than 540 days absence in the whole 10 years and no more than 180 days single absence at any time. Requires less documents but you must have met the conditions of each visa you have held (i.e. not worked more than 20 hours as a student for example, not worked for any other company other than your tier 2 sponsor etc).

The other is 5 years residence, with limited absence. requires a bit more paperwork.

Both end result is the same.

One significant impact of using ILR-LR is on your dependant. Your dependant's 5 year clock gets reset once you go on ILR-LR.

The OP is the Tier 2 Dependent visa holder.

Hello,

I am currently on a Tier 2 General dependant visa since 02-01-2017 valid until 28-11-2019. I am eligible to extend it by another 3 years to Nov 2022.

Oops !! missed that. Thanks for catching that

[CR001]

Oops !! missed that. Thanks for catching that

Happens to me all the time missing things

[kyatezz]

One of my friends tells me that the 10-year ILR route is applicable to only those whose continuous residence starts from April 2011 or before. As my visa category changed after April 2011 (from Tier 2 ICT to Tier 2 general dependant), that I can only apply via the 5-year route and 10-year ILR option would not be available for me. Is this correct information

Also, is there any route by which one can directly apply for British Citizenship without needing to have 12 months of ILR?

Thank you in advance.

[CR001]

One of my friends tells me that the 10-year ILR route is applicable to only those who have been in the UK continuously since April 2011 or before. As my visa category changed after April 2011, I can only apply via the 5-year route. Is this correct information

Your 'friends' are talking nonsense. Unless they can provide you with OFFICIAL documentation or link from HO, I would suggest stop listening to them.

Also, is there any route by which one can directly apply for British Citizenship without needing to have 12 months of ILR?

Only if you are married to a British citizen, then the 12 month wait on ILR is not required.