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ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 8:35 pm
by futuregp
Dear friends, I have applied for Tier 2 dependent visa for my wife based on my current job which will terminate in the next 3 weeks. I have applied for a 3 year Tier 2 visa transfer to work for 3 years as a GP trainee in the NHS, which should be coming imminently during the next 5 weeks. I will be eligible for ILR in December 2021 after being in the UK for 5 years on Tier 2.
My question is: if my wife completes 5 years in the UK as a Tier 2 dependent till I get my ILR in December 2021 (3 years), then applies and stays as the spouse of a settled British ILR holder for 2 years, will she then qualify for ILR after living in the UK for 5 years continuously without any breaks (3 years as a Tier 2 dependent and 2 years as a wife of a settled UK resident?
Thanks again for this awesome forum!
Future GP
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 8:42 pm
by Casa
No, as it's not possible to combine time spent on the two visa categories. She should continue to extend her current Tier 2 Dependent visa until she completes 5 years under this category.
If she switches to a spouse visa her immigration clock will be reset to zero, putting her on a new 5 year path to settlement (ILR). She would only be required to switch if you were granted ILR under 10 years long residence.
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 8:55 pm
by futuregp
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 9:31 pm
by Casa
futuregp wrote: ↑Sat Jun 15, 2019 8:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
Have I missed something here? Why didn't your wife extend her Tier 2 visa before expiry? Is she currently in the UK with no valid leave
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 9:45 pm
by futuregp
She left UK before her Tier 2 dependent visa expired. I thought of renewing her visa before she wanted to return. I did not know about the fact that this visa had to be extended before expiry in the UK or within 28 days outside the UK. I need advice in this situation. I have only two and a half years till ILR. My wife won't be eligible for ILR for a long time now, it seems. I wish I had taken advice over here before these tragic decisions.
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 9:47 pm
by CR001
Casa wrote: ↑Sat Jun 15, 2019 9:31 pm
futuregp wrote: ↑Sat Jun 15, 2019 8:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
Have I missed something here? Why didn't your wife extend her Tier 2 visa before expiry? Is she currently in the UK with no valid leave
See users other topic in tier 2 sub forum.
uk-tier-2-employer-sponsored-visas/quer ... l#p1792815
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 9:48 pm
by CR001
futuregp wrote: ↑Sat Jun 15, 2019 8:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension. The rules allow this once you have ILR.
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 10:10 pm
by futuregp
CR001 wrote: ↑Sat Jun 15, 2019 9:48 pm
futuregp wrote: ↑Sat Jun 15, 2019 8:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension. The rules allow this once you have ILR.
She has applied to come to the UK with a Tier 2 dependent visa based on my current job. My new GP training job starts in August 2019. I will apply for her 3 year Tier 2 dependent visa extension based on my new 3 year GP training job in UK before her current Tier 2 visa will expire.
My question: After I obtain ILR, would I technically be allowed to submit a Tier 2 dependent visa application for my wife to complete 5 years under Tier 2 to qualify for her ILR?
Thanks again to everyone for their guidance. Visas and immigration is a world away from my life in hospital wards and clinics.
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 10:24 pm
by CR001
CR001 wrote: ↑Sat Jun 15, 2019 9:48 pm
futuregp wrote: ↑Sat Jun 15, 2019 8:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension.
The rules allow this once you have ILR.
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sat Jun 15, 2019 10:45 pm
by futuregp
CR001 wrote: ↑Sat Jun 15, 2019 10:24 pm
CR001 wrote: ↑Sat Jun 15, 2019 9:48 pm
futuregp wrote: ↑Sat Jun 15, 2019 8:55 pm
I have only till December 2021 to reach ILR status. My wife's Tier 2 visa expired and her clock has reset to zero. What can my option be for her after I am eligible for ILR in December 2021?
She simply applies for a 3 year tier 2 dependent extension.
The rules allow this once you have ILR.
Thank you so much for the advice! After I obtain my ILR, I will get an immigration lawyer to ensure my wife gets her Tier 2 visa dependent extension and finally her ILR.
Re: ILR for spouse- Tier 2 then spouse visa
Posted: Sun Jun 16, 2019 9:49 am
by CR001
You don't need a lawyer. The immigration rules are clear, link below.
immigration-for-family-members/dependan ... 14832.html