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Dear All,

I am planning to apply for ILR in the first week of Feb. I am currently on T2(G) for 5 years. I've got a couple of questions and would appreciate some clarifications.

1. I was in PSW from 2010 to Feb 2012. My first T2(G) application made in Dec 2011 was refused because of inappropriate salary. I got a pay rise and made a fresh in-time application in Jan 2012 and was successful. My first BRP was issued on 28/02/2012 (PSW expired on 09/02/2012). Can I apply for ILR around the 7th of February 2017??

2. In Section 6 - Immigration History,
6.2 Asks for any absences from UK.
6.11 Asks for the dates of any absences spent outside of the Crown dependencies (Isle of Man and the Bailiwicks of Jersey and Guernsey) and the UK.
Do I need to fill both these questions? Doesn't cover 6.11 as well?

3. Section 12 - Documents. As a T2(G) I just need to fill in 12A and 12H correct?
12B for Work Permit Holder asks for documents which provide "confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 5 on this form)."

4. My wife joined me in June 2016 under PBS Dependent Visa and is not eligible for ILR until June 2021. Her PBS dependent visa is valid till Feb 2018.
Should we apply for FLR(M) immediately (i.e. is it a mandatory requirement) or is it OK to continue on Tier 2 dependent visa till her ILR is due?

Any help would be much appreciated.

Kind Regards

Kris

Anyone??

1. Yes.
2. I believe you only need to answer 6.11 if you answered 6.9 (ie if any of your time was spent in a crown dependency)
3. Yes that's right. If you're applying as 12H, then you don't have to send the documents for 12B
4. I don't know the answer to this one I'm afraid. I think I read on here that your dependent's status doesn't change when you get ILR so they would remain on their existing visa, but it's worth checking some of the other forums as I believe this question has been asked before.

Good luck,
Ekin

krisv wrote:Dear All,

I am planning to apply for ILR in the first week of Feb. I am currently on T2(G) for 5 years. I've got a couple of questions and would appreciate some clarifications.

1. I was in PSW from 2010 to Feb 2012. My first T2(G) application made in Dec 2011 was refused because of inappropriate salary. I got a pay rise and made a fresh in-time application in Jan 2012 and was successful. My first BRP was issued on 28/02/2012 (PSW expired on 09/02/2012). Can I apply for ILR around the 7th of February 2017??

2. In Section 6 - Immigration History,
6.2 Asks for any absences from UK.
6.11 Asks for the dates of any absences spent outside of the Crown dependencies (Isle of Man and the Bailiwicks of Jersey and Guernsey) and the UK.
Do I need to fill both these questions? Doesn't cover 6.11 as well?

3. Section 12 - Documents. As a T2(G) I just need to fill in 12A and 12H correct?
12B for Work Permit Holder asks for documents which provide "confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 5 on this form)."

4. My wife joined me in June 2016 under PBS Dependent Visa and is not eligible for ILR until June 2021. Her PBS dependent visa is valid till Feb 2018.
Should we apply for FLR(M) immediately (i.e. is it a mandatory requirement) or is it OK to continue on Tier 2 dependent visa till her ILR is due?

Any help would be much appreciated.

Kind Regards

Kris

krisv wrote:4. My wife joined me in June 2016 under PBS Dependent Visa and is not eligible for ILR until June 2021. Her PBS dependent visa is valid till Feb 2018.
Should we apply for FLR(M) immediately (i.e. is it a mandatory requirement) or is it OK to continue on Tier 2 dependent visa till her ILR is due?

She can continue on her current visa and then extend as PBS dependent until she meets the requirements for ILR. No need to switch to FLR(M) as this is only mandatory if you apply for ILR based on 10 years long residence.

dependants-of-ilr-economic-5-year-route-applicants (click)

Thank you very much for your replies, Ekin and CR001.

@CR001 - My wife would need to extend twice as a PBS dependant (assuming max period granted is 3 years). Would this be possible or can she extend only once?

Another question : "For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules." - What documents do I need to provide? - prior to Tier 2, I was in Tier 1 (Post Study Worker) category.

TIA

She can extend more than once. Suggest in Feb 2018, apply by post to buy some time.

Alternatively, as she has only recently arrived and won't lose much time, she could switch to FLR(M), which is cheaper too, provided you meet all the requirements