Break in 5 years due to change in visa type
Posted: Mon Jan 23, 2017 10:03 pm
Hi,
I am now eligible for ILR having completed 5 years stay here in UK. However, my wife's situation is complex, so would benefit from any suggestions or expert advice. Both our current Tier 1 visas (she is dependent) are valid until September 2017.
# She first entered UK on dependent Tier 1 visa on 9-April-2012 (visa expiry 30-01-2013)
# On 28 Jan 2013, she moved to home country to apply for Tier 2 visa, sponsored by her employer. This visa was later annulled in Feb'13 when she was laid off and still in home country, and then applied for a Tier 1 dependant visa in March'13, and arrived in UK in April 2013. She was outside UK for c.90 days in total, but continued to receive UK salary and paid UK taxes, during her notice period. She never entered UK on Tier 2 visa.
# Since April 2013, she has been on my dependent visa.
My questions are:
1. Will the visa change from Tier 1 dependent to Tier 2 main applicant, and again to Tier 1 dependent, create any problem for her 5 years continuous period?
2. If she is not eligible now, and will be eligible only in April 2018, what visa should she be on after Sept 2017, as I will be applying for my ILR in Feb'17. Does she need to apply with me for ILR dependent or extend her Tier 1 dependent visa now?
3. If I shift to ILR next month, does her Tier 1 dependent visa become invalid?
Would appreciate if you could spare some time and provide advice.
Thank you,
Anand
I am now eligible for ILR having completed 5 years stay here in UK. However, my wife's situation is complex, so would benefit from any suggestions or expert advice. Both our current Tier 1 visas (she is dependent) are valid until September 2017.
# She first entered UK on dependent Tier 1 visa on 9-April-2012 (visa expiry 30-01-2013)
# On 28 Jan 2013, she moved to home country to apply for Tier 2 visa, sponsored by her employer. This visa was later annulled in Feb'13 when she was laid off and still in home country, and then applied for a Tier 1 dependant visa in March'13, and arrived in UK in April 2013. She was outside UK for c.90 days in total, but continued to receive UK salary and paid UK taxes, during her notice period. She never entered UK on Tier 2 visa.
# Since April 2013, she has been on my dependent visa.
My questions are:
1. Will the visa change from Tier 1 dependent to Tier 2 main applicant, and again to Tier 1 dependent, create any problem for her 5 years continuous period?
2. If she is not eligible now, and will be eligible only in April 2018, what visa should she be on after Sept 2017, as I will be applying for my ILR in Feb'17. Does she need to apply with me for ILR dependent or extend her Tier 1 dependent visa now?
3. If I shift to ILR next month, does her Tier 1 dependent visa become invalid?
Would appreciate if you could spare some time and provide advice.
Thank you,
Anand