Tier 2 to ILR spouse visa

[JVM86]

Hi all,

I am on Tier 2 (general) visa valid till March 2016. My husband is applying for ILR in July 2015. Is there a lenght of time I need to wait before switching to 'family route' after my husband receives a 'settled' status?

Thanks,
JVM

[CR001]

Can you clarify the following please :

1. On what basis is your husband applying for ILR?
2. What is his current visa status?
3. You say you have Tier 2 General visa? Do mean a Tier 2 dependent visa based on your husband as main tier 2 applicant or are you on your own Tier 2 sponsored visa?

[JVM86]

My husband has Tier 1 general visa and i am currently sponsored on tier 2 general by my organization. My husband has remained in Uk from 2010 and will qualify for ILR in August 2015.

[CR001]

There is no need for you to switch but if you choose to swithch to FLR(M) once your husband gets ILR, it will reset your clock to zero to qualify for ILR and you will have to wait a further five years before you can apply for ILR and the time you have already spent in the UK will not count towards the new 5 year requirement.

How long have you been in the UK and when would you be eligible for ILR?

[JVM86]

I came as a student in 2009 and was on post study work visa till 2012. When my Psw expired, the organization decided to sponsor me. Switching to spouse visa gives me a safety net against unexpected UKBA changes to rules and allows me to change jobs as well.

So do i need to wait for a specific lenght of time before switching to family route?

Jalpa

[CR001]

Then you can switch once he has ILR as you will be eligible for ILR based on 10 years long residence in 2019 then.

The steps to switch are as follows :

1. FLR(M), initial visa will be issued for 2.5 years. You can apply by post or in person for a same day decision. You/hubby will need to meet the financial requirement of £18,600pa. You need English level A1 test or if you have one you can use your UK degree. You will also need to pay the new NHS surcharge upfront at point of application (2.5 years visa @ £200 per year = £500). You will need to provide proof of cohabitation as well.

2. Within 28 days of your spouse visa expiring, you need to apply for an extension on FLR(M), meeting all the requirements and extra costs listed in number 1 above again, including the £500 surcharge to cover the 2.5 year extension.

3. You can apply for ILR based on long residence 28 days before you reach 10 years legal residence in 2019, providing ypu meet all the standard requirements. Or you could wait till 2020 and apply based on your spouse visa, again meeting all the requirements in 1 and 2 above with the exception of the surcharge.

4. Once you receive ILR through either route, if your husband is British at that point, you can apply for citizenship immediately as spouse of British citizen, which requires 3 years residence. Or you can wait for 12 months on ILR and apply for citizenship in your own right based on 5 years residence.