ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Dependent - Eligibility Query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
DKR_007
Newly Registered
Posts: 1
Joined: Mon Oct 01, 2018 2:10 pm
United Kingdom

ILR Dependent - Eligibility Query

Post by DKR_007 » Mon Oct 01, 2018 2:33 pm

Hello,

[b]Moderator edit: Name removed to protect personal privacy.[/b]

I have recently acquired ILR Visa in the UK. However, I would like to know, if that I can apply for ILR Dependent for my Spouse from discussed below?

She entered the UK as PBS Dependent under Tier 2 General category in MAY 2014. She has then switched to Tier 2 General from PBS Dependent in APR 2016, due to change in the employment circumstances.

Now, we want to understand that when she will attains the eligibility with/for making an application to ILR Dependent or ILR Visa,
1. Can we apply for ILR Dependent in the route of Tier 2 General (as this is her current Visa Status) after May 2019?
2. Does she needs to be compulsorily on PBS Dependent for applying the ILR Dependent Visa?
3. Has the PBS Dependent duration (May 2014 - Apr 2016) will gets calculated towards 5 year continuous period (Legal Stay), as when she switched to Tier 2 General that this migration would have reset her stay/duration in the UK, and then making it a fresh restart from May 2016?
4. If she switches again to PBS Dependent (from Tier 2 General) then this will have counter change the eligibility towards ILR Dependent Visa?

Please can you help me with your suggestions on above discussed.

Yours faithfully,
Dileep

User avatar
CR001
Moderator
Posts: 88115
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR Dependent - Eligibility Query

Post by CR001 » Mon Oct 01, 2018 4:55 pm

1. Yes, if you mean a spouse visa on FLR M. She cannot apply for ILR as such.

2. No.

3. No it won't count towards 5 year residence for ILR. If she witches to ILR dependent (actually known as FLR M), her clock will reset to zero again.

4. She cannot apply for a PBS dependent visa because you are no longer a tier 2 visa holder.

Her clock reset when she changed to tier 2 General. Any other visa category she applies for now will reset her clock again for ILR based on 5 years residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Locked