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Tier 2 (General) to ILR - What will happen to the dependent visas

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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gayahema
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Tier 2 (General) to ILR - What will happen to the dependent visas

Post by gayahema » Fri Jan 12, 2018 11:15 pm

What happens to the dependents if the main applicant switching to ILR (Long Residence)? I'm expecting to apply for ILR (10-year route) and my current visa Tier 2 (General) valid until 2019 (Same for the dependants). Does my Mrs need to apply for FLR(M) immediately or can she wait until current visa expires?

I called immigration advice service 4 times and I got 4 different answers. which is clear that the people sitting in these call centres haven't got a clue what they are talking.

If she needs to apply for this immediately, she will have some trouble with the application as her current passport expires shortly and the new one will take about 4 months to arrive. Can she still apply with the old passport (Expired one) providing evidence that waiting for the new passport?

Really appreciate if you can provide some advice.

thanks in advance

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CR001
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Re: Tier 2 (General) to ILR - What will happen to the dependent visas

Post by CR001 » Sat Jan 13, 2018 10:09 am

Does my Mrs need to apply for FLR(M) immediately or can she wait until current visa expires?

Yes she needs to switch. The sooner the better as her clock towards ILR will reset to zero and a new 5 year (2 x 2.5 year visas) to qualify for ILR.
I called immigration advice service 4 times and I got 4 different answers. which is clear that the people sitting in these call centres haven't got a clue what they are talking.

It is a third party agent and they often give out wrong advice, possibly often based on how a caller asks their questions.
If she needs to apply for this immediately, she will have some trouble with the application as her current passport expires shortly and the new one will take about 4 months to arrive. Can she still apply with the old passport (Expired one) providing evidence that waiting for the new passport?
She does not require a passport valid for X amount of months, it needs to be valid at the time of application. She can renew her passport and then apply for FLR(M).

How long has she been in th UK?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

gayahema
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Re: Tier 2 (General) to ILR - What will happen to the dependent visas

Post by gayahema » Sun Jan 14, 2018 1:04 pm

Thanks for the response.

She is completing 10 years to this April. however, 4 years ago she had to go back to her home country and returned after 6 months (slightly over 6 months). I think this will disqualify her to apply ILR(LR).

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CR001
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Re: Tier 2 (General) to ILR - What will happen to the dependent visas

Post by CR001 » Sun Jan 14, 2018 6:09 pm

gayahema wrote:
Sun Jan 14, 2018 1:04 pm
She is completing 10 years to this April. however, 4 years ago she had to go back to her home country and returned after 6 months (slightly over 6 months). I think this will disqualify her to apply ILR(LR).
Yes, absence over 180 days breaks continuity of residence for ILR based on long 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.

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