ILR Eligibility for PBS Dependants

[Arun211]

Hi,

Below is my situation:

Main Applicant
1) Entry cleared as Tier 2 ICT staff in Nov 2010
2) Switched in country to Tier 2 General (Main applicant) in Dec 2014

Dependent Spouse
1) Entry cleared as Tier 2 ICT PBS dependent in Oct 2011
2) Switched in country to PBS dependent of Tier 2 General migrant in Mar 2015

Considering above scenario, Please can someone suggest the earliest date that my spouse would be eligible for ILR? I am technically eligible by Nov 2019(28 days before visa issue date), However, my spouse switched to Tier 2 General PBS dependent in country only in Mar 2015(3 months after my switch as she had ICT PBS dependent visa valid until Mar -2015).

Will she be eligible for ILR along with me (i.e Nov 2019)? Or will she have to apply in Feb 2020(i.e 28 days before visa issue date) . Please note she has not left the country in between and all the applications were done here.

Looking forwards for all your suggestions please.

Cheers

[Djsuccess]

Hi,

Below is my situation:

Main Applicant
1) Entry cleared as Tier 2 ICT staff in Nov 2010
2) Switched in country to Tier 2 General (Main applicant) in Dec 2014

Dependent Spouse
1) Entry cleared as Tier 2 ICT PBS dependent in Oct 2011
2) Switched in country to PBS dependent of Tier 2 General migrant in Mar 2015

Considering above scenario, Please can someone suggest the earliest date that my spouse would be eligible for ILR? I am technically eligible by Nov 2019(28 days before visa issue date), However, my spouse switched to Tier 2 General PBS dependent in country only in Mar 2015(3 months after my switch as she had ICT PBS dependent visa valid until Mar -2015).

Will she be eligible for ILR along with me (i.e Nov 2019)? Or will she have to apply in Feb 2020(i.e 28 days before visa issue date) . Please note she has not left the country in between and all the applications were done here.

Looking forwards for all your suggestions please.

Cheers

you will be eligible 28 days before you complete 5 years in Dec 2019 and your dependant 28 days before completing 5 years in March 2020

[Arun211]

Thanks Djsuccess.
Can you please advise why the three month period between December 2014 and March 2015 be not counted towards her Ilr. Is there any difference in pbs ict dependant visa and pbs tier 2 dependant visa?

Cheers

[Djsuccess]

Thanks Djsuccess.
Can you please advise why the three month period between December 2014 and March 2015 be not counted towards her Ilr. Is there any difference in pbs ict dependant visa and pbs tier 2 dependant visa?

Cheers

No, it will not be counted because you were the only one who switched at the time. Dependants don't get the starting date of the principal visa holder, if they didn't apply at the same time

[Arun211]

Thanks for the clarification Djsuccess. Much appreciated

Cheers
Arun

[Arun211]

Hi, Thanks for this forum and i have been using this quite intensely in the past few weeks.

I am trying to find out a solution for settlement(ILR) for my Wife. Below is our scenario.

1) I (Main Applicant) traveled first in to UK on T2-ICT in November 2010
2) My Wife traveled first in to UK on PBS Dependent in November 2011
3) I Switched to Tier 2 General in December 2014
4) Wife switched to PBS dependent in April 2015
5) I will be eligible for ILR in November 2019
6) Wife's current PBS dependent visa expires in March 2020.

Now, Below are the questions that i need help :
1) when is she eligible for ILR ? Considering that she has continuously lived with me from 2011 with out breaking 180 days rule. Is T2 ICT PBS dependent visa same as T2 General dependent Visa?
2) Will her count reset when i switched from Tier 2 ICT to Tier 2 General?
3) Does she have to spend 5 years or 2 years for gaining ILR eligibility?
4) Lastly, If her date is only considered from April 2015 (i.e. when i switched to T2 General) , then she becomes eligible for ILR in 5 year route only in April 2020. However her VISA expires before that (Mar 2020). She will have a deficit of around 20 days before hitting 5 years period. What is the best solution to this? Should we extend her PBS dependent visa ?

Your help is highly regarded.

Cheers

[CR001]

Topics Merged (click to read)

[Arun211]

Thanks cr001.

Please do you mind casting your eyes over and check my scenario?

Cheers