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ILR Eligibility

Posted: Sun Nov 20, 2016 9:56 pm
by rs44
My wife came as a Tier 1 dependent in Aug 2010

In Aug 2012 changed to Tier 2 due to the requirement for GP training
  (Current Tier 2 visa expires 3rd Jan 2017).
However 4yr training finishes in Dec 2016.

Queries

1. Can she apply for ILR now taking into account - times spent in Tier 1 dependent visa and Tier 2 visa for continued residence  ?

2. If she can't apply for ILR can she get a new employer sponsor and apply for a new Tier 2 visa?

3. I hold ILR now. Can she become my dependant?
Please note in her last visa extension she was not in the dependant visa.

Re: ILR Eligibility

Posted: Sun Nov 20, 2016 10:00 pm
by CR001
1. Can she apply for ILR now taking into account - times spent in Tier 1 dependent visa and Tier 2 visa for continued residence ?
No. She cannot combine time spent as dependent and as main visa holder to make up 5 years.
2. If she can't apply for ILR can she get a new employer sponsor and apply for a new Tier 2 visa?
Yes, a new sponsor or an extension.
3. I hold ILR now. Can she become my dependant?
Yes, apply before visa expires on FLR(M) if you/she meets all the requirements. This will be a new 5 year (2 x 2.5 year visas) to ILR (or 10 years long residence if she reaches that first).

Re: ILR Eligibility

Posted: Sun Nov 20, 2016 10:49 pm
by rs44
Thanks a lot CR001 for the prompt and clear reply.