Dependant on Tier 2 General Valid till Jan 2017

[lk8899]

Hi All,

Could anyone please respond to the questions below?

I have just received my ILR last week. My wife is currently on Tier 2 General Dependent Visa which is valid till Jan 2017.

Could any suggest
1. Does she needs to apply ILR dependent Visa (FLR)M or can she remain on same Tier 2 General Dependent Visa till it expires.
2. If she can remain same Tier 2 Dependent visa, Does it affect if I change my Employer?

Would appreciate quick response. Please help.

[CR001]

On what basis did you receive ILR, 5 years Tier 2 or 10 years long residence?

[lk8899]

Thanks for your reply.
I got my ILR as Tier 2 General and duration's are March 2010 to May 2015 (5 years)
and my wife is currently on Tier 2 General Dependent.

[CR001]

She can remain on PBS dep and continue extending until she meets the requirement for ILR. Changing employer should be fine.

[lk8899]

Appreciate your great help and swift response.

[lk8899]

Sorry to raise this question,

one of my mate has raised a concern that my wife cant be on Tier 2 Dependent visa. He says that her current visa is not valid anymore as soon as my visa changes to ILR.

Although i have explained him and argued about the situation and policies, I would like to crosscheck if any documentation available on the UKBA site.

Could you please point me to any of the links please..

[vinny]

Explanation.

[lk8899]

thanks for the explaination Vinny. But i am afraid to say that this doesnt say that she can remain on PBS dependent.

As per rules of July 2012 she has spend 5 yrs to qualify ILR, that point is clear.

I would like to know if she can remain on PBS dependent until she gets an ILR. As long as she doesnt face any legal issues due to visa restrictions. If not, i will apply for FLR(M).


you guys are experts anyways and I trust your advice but just trying to refer any documentation.

I was referring to the below links.
https://www.gov.uk/government/uploads/s ... e_0415.pdf

[vinny]

thanks for the explaination Vinny. But i am afraid to say that this doesnt say that she can remain on PBS dependent.

Why do you think it doesn't say that? Perhaps 319D(a)(ii) is clearer.

Confirmed from your link:

2. You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules, and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
• the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain; or

[sancha]

It is worth to write an email to ukba and confirm that dependant can remain on existing visa after main applicant get ilr. It would be helpful if some one share his experience about same situation to confirm what is correct.

[lk8899]

Any email or contact details to reach UKba please..

[vinny]

You may contact them, but apparently cannot rely on their answers via the phone.