Immigration help with Tier 2 Dependent

[rahuldhingra_13]

Hello Guys,

I am new to immigration board and thanks for accepting me. I have a very urgent request and need clearance.

I came to UK in September 2007 as a Tier 4 Student and had a PSW in 2011 for 2 years and then got Tier 2 general with my current Employer for 3 years in 2013. I got married in India in 2014 and my wife came to UK as a Tier 2 dependent in June 2014. We both applied for an extension in 2016 for 2 years.

So she completed in total 4 years and 3 months this month and now due for an extension. Due to my 10 year route completed last year in 2017 I applied for ILR under 10 year route and got my ILR and we had a baby in 2017 too who is a British Citizen now as I had my ILR in that time. Can my wife still apply for 1 year under tier 2 extension? as I thought she will complete her 5 years and can get her ILR or do we need to apply for FLR M and she will be on FLR for another 5 years before getting ILR. Its very confusing and we just got 3 weeks left on her Visa and I had plans to go as self employed but I am not leaving my current employer as if a Salary requirement is needed then it will cause problem as self employment I won't be able to show Salary straight away. Please help me, Thanks.

[CR001]

Can my wife still apply for 1 year under tier 2 extension? as I thought she will complete her 5 years and can get her ILR

No she cannot extend her tier 2 dependent visa any more because you got ILR based on long residence. The rules don't allow it.

or do we need to apply for FLR M and she will be on FLR for another 5 years before getting ILR.

Yes, this is the only option she has. She needs to meet the English requirement and you must meet the financial requirement (so not a good idea to leave your job at this time).

[rahuldhingra_13]

Thanks for your reply and really appreciate that.

So she will get her ILR after 5 years now? or is there any other route where she can get her ILR earlier.

For English requirement test will the National Diploma in Dental Nursing sufficient weblink removed by moderator as she finished this in 2015 as she was a Dentist in India and wanted to start work here but Dentist course was longer so finished her Diploma first and now working on Dentist course. She also worked at a surgery for 1 year and 8 months after diploma and stopped last year when we had a baby. Thanks

[CR001]

So she will get her ILR after 5 years now? or is there any other route where she can get her ILR earlier.

No, she cannot get ILR now based on 5 years. She must switch to FLR(M) and it will be a NEW 5 years period to ILR - 2 x 2.5 year visas. There is no quicker route. The quicker route would have been if you applied for ILR based on Tier 2 with 5 years residence, but you did not.

For English requirement test will the National Diploma in Dental Nursing sufficient weblink removed by moderator as she finished this in 2015 as she was a Dentist in India and wanted to start work here but Dentist course was longer so finished her Diploma first and now working on Dentist course. She also worked at a surgery for 1 year and 8 months after diploma and stopped last year when we had a baby. Thanks

No it is not sufficient to use a diploma. Only a UK degree would be sufficient if she had one. She must do the UKVI approved test to switch to FLR(M). If she does not, her visa will be refused.

[rahuldhingra_13]

Thanks so much for help, so if she would have got the 3 year extension then next year she could have had an ILR. Its just my mistake, should have applied for a 3 year extension

Can we get her Dental Degree from India sent to UK NARIC and compare to qualification in UK. It is a Bachelors Degree 5 years in English for registration as a Dentist.

[CR001]

Yes you can do UK NARIC - ELA and comparable assessment - UKVI RED ROUTE. Costs £150, same as the English test but English test is quicker.

[rahuldhingra_13]

Thanks for actively helping appreciate that. I have sent her degree today for UK Naric as we have a little child I am not sure she would find time to study for the test. Hopefully they accept the qualification as only 3 weeks are left on her Visa. Can she go for FLR route as a mother of Child too?. As our baby is a UK Citizen now or is it hard route.

[CR001]

I am not sure she would find time to study for the test. Hopefully they accept the qualification as only 3 weeks are left on her Visa.

Nothing to study for. It is a speaking and listening test, takes 10 minutes. Did you apply NARIC as priority?? If not, it can take a couple of weeks to get the paperwork from them if her university is on the list.

Can she go for FLR route as a mother of Child too?. As our baby is a UK Citizen now or is it hard route.

No. The FLR(FP) PARENT route is for single parents who are no longer with the child's other parent.

[rahuldhingra_13]

Thanks I thought she need to do IELTS?. Which course is this English test, can you please give me full course name. I will check this one and cancel the UK NARIC then. Her University is on UK NARIC University list I checked another post in Immigration Board for University names.

[CR001]

Yes it is SELT IELTS A1 Level or she can do B1 level. No studying for the test.

[rahuldhingra_13]

I have booked a IELTS A1 exam for her for Saturday too UK Naric is crap, we even paid for next day but now they are asking to provide a letter from college about the course is taught in English and all this items.

[Ash10]

Hi Rahul.
Not sure if the forum's policy allow me to ask you this question as I have posted below question in my own thread. But after reading your post, I could resist but ask you.
Noted that you wife did a National Diploma in dental nursing while under Tier 2 dependent visa. Did your wife's visa had any restriction to work as "dentist in training" when she undertook the course? My wife is planning to enrol in a similar diploma course. But her visa has work restriction on her BRP to work as Dentist in training.