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Tier 2 extension when partner got ILR using 10 years route
Posted: Wed Apr 24, 2019 1:42 pm
by abooo
Hi,
Can I get some advise please
My wife has been granted ILR in Oct 2018, and my Tier 2 Dependant visa will expire in August 2019.
My question is, can I apply to extend my Tier 2 dependant? I would prefer this option so that the number of years will be accumulated rather than starting over with new ILR Dependant. I'm eligible to apply for ILR myself if I can extend my visa until August 2020
Thank you
Re: Tier 2 extension when partner got ILR using 10 years route
Posted: Wed Apr 24, 2019 1:57 pm
by zimba
You neither can stay under PBS dependant route nor you can ever get ILR under PBS route as your wife was granted ILR under the long residence. UKVI can curtail your visa or refuse your entry to the UK if you travel. You must switch to FLR(M) (the 5 year partner route) which has income and English language requirements. You cannot get ILR unless you remain under the FLR(M) for 5 years or reach the 10 years for long residence.
Re: Tier 2 extension when partner got ILR using 10 years route
Posted: Wed Apr 24, 2019 2:13 pm
by abooo
Hi Zimba
Thank you for the info!
Seems like I'm stuck either way...
So the only option is to restart my visa (FLR-M) and wait another 5 years before I can apply for ILR myself
Or would it be better if I wait until August 2019 for my wife to get her British Citizenship and then apply for a dependent?
Thank you
Re: Tier 2 extension when partner got ILR using 10 years route
Posted: Wed Apr 24, 2019 2:18 pm
by CR001
So the only option is to restart my visa (FLR-M) and wait another 5 years before I can apply for ILR myself
Correct. Unfortunate that the question wasn't asked before your spouse applied for ILR.
Or would it be better if I wait until August 2019 for my wife to get her British Citizenship and then apply for a dependent?
Not sure what you mean by 'apply for a dependent'. FLR(M) is the same visa whether your spouse is British or holds ILR. Being British when you apply makes no difference. Besides, how would your wife qualify for British citizenship in August 2019 when she only got ILR in October 2018??
Re: Tier 2 extension when partner got ILR using 10 years route
Posted: Wed Apr 24, 2019 2:24 pm
by abooo
Hi Cr001
Yes its unfortunate. Should have checked first
Sorry, didn't know FLR(M) is the same for ILR or Citizen. Her ILR was actually granted in August 2018, i misread
So seems like there's no other option for me.. Can the FLR (M) be granted for 5 years? or will it be 2.5 years, and reapply again for 2.5 years?
Thanks!
Re: Tier 2 extension when partner got ILR using 10 years route
Posted: Wed Apr 24, 2019 2:28 pm
by CR001
Sorry, didn't know FLR(M) is the same for ILR or Citizen. Her ILR was actually granted in August 2018, i misread

There is no super priority or fast track process for citizenship applications. It can take a few weeks and up to 6 months before she gets a decision. So waiting for that is irrelevant to your situation given that your visa expires in about 4 months.
So seems like there's no other option for me.. Can the FLR (M) be granted for 5 years? or will it be 2.5 years, and reapply again for 2.5 years?
No, it cannot be granted for 5 years. It is a 2.5 year visa and then reapply for a further 2.5 year visa.
£1000 IHS fee payable, £1033 visa fee then add in the fee for whatever Sopra Service you choose. You need English A1 and evidence of at least 6 months of meeting the financial requirement.
Re: Tier 2 extension when partner got ILR using 10 years route
Posted: Wed Apr 24, 2019 2:34 pm
by abooo
Thank you very much for the clarification Cr001! Really appreciate it!
Really unfortunate to have to do all this again, and pay a lot more!
Anyway, that's a separate issue....
Thanks again and have a great day!