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Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

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

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ShNoor
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Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

Post by ShNoor » Tue Oct 04, 2022 3:47 pm

I entered into the UK in Nov 2017 on a Tier 2 dependant visa which I was on for 2 years before I received my own Tier 2 visa which I am currently on reaching 3 years.

Given that now it is almost 5 years in total living in UK, my question is whether the previous 2 years which I was on a dependant tier 2 visa count towards my 5 year requirement for ILR (Indefinite Leave to remain) :?

Please note the first 2 years I was dependant on my Spouse's Tier 2 visa.
Thank You :)

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CR001
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Re: Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

Post by CR001 » Tue Oct 04, 2022 3:56 pm

my question is whether the previous 2 years which I was on a dependant tier 2 visa count towards my 5 year requirement for ILR (Indefinite Leave to remain) :?
No it does not. You need 5 years as a PBS Dependent OR 5 years as the Main PBS visa holder. You cannot combine PBS Dependent time with main PBS visa time to make up 5 years for ILR. Your 5 year ILR clock reset to zero when you switched to Tier 2 main visa holder.
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Re: Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

Post by AmazonianX » Tue Oct 04, 2022 5:02 pm

No it does not count. This question is answered everywhere week on the forum.

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Re: Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

Post by ShNoor » Tue Oct 04, 2022 8:22 pm

Thank you for the reply, I am new to this forum please excuse my ignorance.

I would like to ask a followup question, if possible please do answer I would deeply appreciate this.

I have 2 daughters, one born outside uk and one born in uk. Both less than 10 years of age. For the daughter born in UK we had to get a dependant visa under my husband as we were travelling and the other daughter born outside has a dependant visa as well.
My spouse is now applying for ILR since he has been on his own tier2 all through for 5 years.

Question 1:
Since both parents need to have ILR status in order for my daughter born outside Uk to gain ILR, should she be under my visa as dependant until I achieve 5 years or should I get her under my husband ILR as a dependant as I don't know how long they will give ILR depandant visa for?

Question 2:
My other daughter born in UK who my husband intends to naturalise post ILR, should I get her dependant visa extend as we travel frequently as I worry if she would be allowed to travel while awaiting the decision of her naturalisation and risk going over her visa expiry date if the naturalisation decision takes long?

Question 3:
My husband will get his naturalisation decision (ie: citizenship) before I reach my 5 year status, therefore can my daughter directly apply for naturalisation without having to apply for ILR once my husbands get his naturalisation decision.

Please do help. Thank you :)

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CR001
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Re: Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

Post by CR001 » Tue Oct 04, 2022 8:26 pm

Q1. It doesn't matter who she is visa dependent on. If you or your husband, a PBS dependent visa will only be granted till the expiry date of your visa. Child can apply for ILR when you so.

Q2. Free to travel while waiting for a child citizenship application provides the child has a valid visa to enter the UK. It doesn't matter if a UK born child doesn't have a valid visa to apply for citizenship. Child can apply as soon as husband gets ilr.

Q3. Child born abroad has to have ilr first and can only apply for ILR when you do. Different rules apply to children born abroad.
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Re: Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

Post by ShNoor » Wed Oct 05, 2022 11:05 am

Follow-up to question 1.

If my daughter now becomes dependant on my husbands ILR will that nullify her 5 years on her tier 2 dependant or will it push her on to the 10 year route as the visa she will get is a family dependant (not sure about this)? so confused

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Re: Will previous Time as Tier 2 Dependant count for ILR application if I have my own Tier2 visa now?

Post by CR001 » Wed Oct 05, 2022 11:08 am

There is no minimum 5 years for children, so it makes no difference whose PBS Dependent she is.

She cannot apply for a family dependent visa once you get ILR as your spouse is not applying for the same category of visa.

Simply apply for the child as a PBS Dependent on your spouse PBS visa.
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