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Dear Members,

We are in a predicament. I hope someone can answer this.
I will be completing 5yrs on Tier2 Visa next year, at the same time I will be completing 10yrs continuous residence as well. Meanwhile, my wife will also fulfil 5yrs as my Tier2 dependant, overall she will be completing 7 years in the UK (remaining 2yrs she on my PSW Dependant Visa)

Now, I do not currently meet the salary requirement for Tier2 settlement next year. I am hoping that my employer increases my salary next year to meet the requirement.

Question 1: If my salary doesn't increase, could I apply for ILR in the 10yr route and my wife apply for ILR under 5 yr route? Or will her counter reset once I apply for 10yr route and she will have to wait another 5 years?.

Question 2: Given the choice, which is the best route? 5yr Tier 2 (provided I meet the salary req) or 10Yr route?

Many thanks,

If you apply for ILR based on 10 years long residence, your spouse is unable to apply for ILR as a PBS dependent and must switch to flr(m), which will reset her 5 year clock for ILR to zero. Note it does not reset the clock for 10 years LR.

Flr(m) route will be 2 x 2.5 year visas and she must meet the financial and English requirements.

CR001 wrote: ↑

Tue Jun 26, 2018 6:23 pm

If you apply for ILR based on 10 years long residence, your spouse is unable to apply for ILR as a PBS dependent and must switch to flr(m), which will reset her 5 year clock for ILR to zero. Note it does not reset the clock for 10 years LR.

Flr(m) route will be 2 x 2.5 year visas and she must meet the financial and English requirements.

Thank you for your reply.
We have two kids born in the UK. If I choose the 10yr ILR route, could I register them as citizens once I get settlement status or will their clocks rest as well?

Also, my wife's PBS dependant Visa is valid until 2020. So, If I apply for 10yr ILR in 2019, will it revoke her Visa?

Thanks

Yes you can register them as British. "clock reset" does not apply to citizenship for UK born kids.

Your wife can swith at any time before her visa expires, but traveling out of the UK is risky if she hasn't changed her visa within the UK.

Many thanks for your reply. Much appreciated.