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Hello,

My husband had a tier 2 general visa for the past 4 years and three months and I had a tier 2 dependant visa for the same length of time. My husband latest tier 2 visa and my tier 2 dependant visa are valid until the end of June 2020. However, my husband has qualified for and obtained the ILR based on Long Residence two weeks ago. Now my Husband has ILR based on Long Residence and our two children have applied for citizenship as they were born in the Uk. My tier 2 dependant visa still has 20 months left in it and I am living here in the Uk for 7.5 years of which 4 years and 3 months as a tier 2 dependant.

My question is: As my current tier 2 visa still has 20 months left in it and I just need 9 more months to complete 5 years as a tier 2 dependant, can I continue to hold this tier 2 dependant visa, though my husband has now the ILR, and apply after 9 months for the ILR as dependant of a tier 2 visa who has spent 5 years in the UK?

Will this be valid or do I have to move to FLR even though my current visa has neither expired nor been curtailed?

Also if I have to switch to FLR, is there any time frame beyond which my stay on the current tier 2 dependant visa will be considered illegal?

Please answer each point in detail as we have applied for children naturalisation and sent the Orignal documents for this purpose so If I have to switch for FLR soon I won't have access to some of the original documents needed for my new FLR application as they are now with the Home Office for the children naturalisation applications.
Your help is much appreciated.

My question is: As my current tier 2 visa still has 20 months left in it and I just need 9 more months to complete 5 years as a tier 2 dependant, can I continue to hold this tier 2 dependant visa, though my husband has now the ILR, and apply after 9 months for the ILR as dependant of a tier 2 visa who has spent 5 years in the UK?

You cannot apply for ILR via the PBS Dependent route, You would only be able to do this IF your husband got ILR based on 5 years Tier2.

Will this be valid or do I have to move to FLR even though my current visa has neither expired nor been curtailed?

You need to switch to FLR(M) and meet the English and financial requirements.

Also if I have to switch to FLR, is there any time frame beyond which my stay on the current tier 2 dependant visa will be considered illegal?

Not really a set timeframe no, but you should switch before you travel out of the UK if you have travel plans.

Also better to switch to a FLR(M) visa sooner rather than later, as your immigration clock will be re-set to zero, putting you on a new 5 year route to ILR.

In addition to the visa fee you will also have to pay the £500 IHS fee.

Casa wrote: ↑

Wed Sep 12, 2018 9:53 pm

Also better to switch to a FLR(M) visa sooner rather than later, as your immigration clock will be re-set to zero, putting you on a new 5 year route to ILR.

OP appears to be aiming for ILR LR having been in the UK for 7.5 years already.

Thank you so much. That is really helpful. Much appreciated.

One more question please. If I get a FLR M visa now as a spouse of a settled person, then one year later my husband gets citizenship, do I need to change my visa as a spouse of a settled person into a new visa as a spouse of a British citizen even though my current visa would still have one and half year validity by then?

mawd82 wrote: ↑

Fri Sep 14, 2018 8:42 pm

One more question please. If I get a FLR M visa now as a spouse of a settled person, then one year later my husband gets citizenship, do I need to change my visa as a spouse of a settled person into a new visa as a spouse of a British citizen even though my current visa would still have one and half year validity by then?

FLR(M) visa is the same visa whether your husband holds ILR or British citizenship.