Immigrationboards.com

My wife and I came to UK in Aug 2011. She was on a student visa (tier4) and I was the dependent (spouse). I found a job and by the end of our leave, which was January 2013, my employer proposed sponsoring me in Tier 2 General to keep me working for them. We decided to stay and aim for ILR as it sounded a nice opportunity. My employer handled our joint application for our visas to be converted to Tier 2 Gen by post. In April 2013, I was issued a Tier 2 Gen but my wife's application was rejected. Turned out that she had to leave the UK in order to switch to Tier 2 Gen Dependent visa. We had an appeal in place but later on we withdrew the appeal and she obtained her passport back and applied for a Tier 2 Gen Dependent visa from outside UK and the leave was granted. She was outside UK between June and August 2013 and traveled back to UK on 20th August 2013. Her stay in UK between Feb 2013 and May 2013 wouldn't count as overstay as we made our application in Jan 2013 and she made an appeal in April 2013 before withdrawing it in May 2013 to travel back and apply from outside UK.

We have since had a renewal as my employer changed my SOC code on 17th April 2015 (in person). The renewal is till 14 August 2018 (so the duration granted was 3 years 4 months or so). Our daughter was born (in UK) in 2014 and we applied for her Tier 2 Dependent visa separately to enable her to travel.

Later this month, I will become eligible for ILR (5 years minus 28 days in Tier2Gen). I understand that we can apply for our daughter's BC registration & Passport immediately after one of us is granted ILR. However, my wife's case is a bit tricky because of the delay in obtaining her Tier 2 Gen Dependent visa. I need some advice on if we can apply together this month or should we wait ti August, (fork out an additional grand for expected fee increases) and apply when she completes her 5 years minus 28 days in Tier2GenDependent visa. I've tried to find applicable rules regarding dependents but it's a bit vague. She's been in the UK for more than five years and haven't spend more than 180 days outside in any one year but her tier 2 gen dep visa was issued on 5th August 2013. That little bit of technicality (only allowed to switch visas from outside UK!!) caused a bit of trouble.

Slightly simplified timeline is as follows:

August 2011 - Came to UK - (Wife:Tier4, Myself:Tier4Dependent as spouse)
January 2013 - Postal application within UK to change visa to (Myself: Tier2Gen, Wife: Tier2GenDependent spouse) before expiry of Tier4.
17 April 2013: Date of issue of BRP (Valid till 12-02-2016), Wife's application rejected.
5th June 2013: Wife leaves UK after withdrawing appeal
5th August 2013: Wife granted Tier 2 Partner visa (valid till 12-02-2016).
21st August 2013: Wife travels to UK.
17 April 2015: Renewal of Tier 2 Gen & dependents (Valid till 14-08-2018)
17 April 2018: Completion of my 5 years in Tier2Gen.

To apply or not to apply? Guidance will be much appreciated.

Your wife will qualify in August 2018, shortly before 5 years residence. Her clock reset to zero when she left the UK and applied for a new entry clearance visa.

Why was your wife's application refused in 2013??

In order to convert from Tier 4 to Tier 2 General Dependent, application could only be made from outside UK.

Quoted from her decision letter:

In compliance with the Immigration (Notices) Regulations 2003 made under Section 105 of the Nationality, Immigration and Asylum Act 2002.
REFUSAL TO VARY LEAVE AND DECISION TO REMOVE/VARIATION OF LEAVE AND DECISION TO REMOVE.
We have considered your application on behalf of the Secretary of State and your application has been refused under the Immigration Rules.
A decision has also been made to remove you from the UK by way of directions under section 47 of the Immigration Asylum and Nationality Act 2006
YOU HAVE A RIGHT OF APPEAL AGAINST THESE DECISIONS - SEE SECTION B
...
...
Therefore you do not satisfy the requirements of the immigration rules of this category and it has been decided to refuse your application for leave to remain as a partner of Points Based System Migrant under paragraph 319C(h) of the Immigration Rules.

Also, reading other posts, I am assuming her eligibility period begins from the date of issue of her Tier 2 Gen Dependent visa (5th Aug) and not the date she travelled (20th Aug or so).

Here's another question. If I apply for ILR now, will that make her visa void as its a dependent visa on me?

Also I feel a bit lucky to be issued a 3 years 4 months visa instead of 3 years which happens to cover us until my wife completes her five years too.

Also feel a bit unlucky that her second dependent application was made just a few days after the 2 years requirement changed to 5 years.

Thanks much for your response.

okay, i don't feel unlucky now haha

Thanks much for your kind response. The forum's been a super help to me even though this is the first time I've posted. I see how it helps everyone really. Top work and keep it up!