Tier-2 to ILR post marriage confusion. Need guidance!

[Shiva_dr29]

Hi All,

I am looking for specific information on my current visa situation and potential ILR application but the guidance on UKBA sites have started to confuse me. Can anyone help?

I came to the UK in Dec-2011 under Tier-2 ICT Long Term Residence Visa. My visa expires on 14/Nov/2014 before which I have a choice to extend my visa for further 2 years.

My fiancee came to the UK in 2008 under Tier-1 category and has an ILR since the past 11 months.

We are getting married in June-2014 and I was considering to apply for an ILR-dependent visa instead of extending my Tier-2 ICT visa. Can I have some clarity on the questions below please?

1. Can I apply for an ILR-dependent visa?
2. Which form should I use? SET(O) or SET(M)?
3. How soon can I apply for ILR dependent visa, if at all I can? Can I do this after June or do I need to wait till 28 days before my Tier-2 ICT expires?
4. Do I need to give a 'Life in the UK' and 'English proficiency' test? I was not asked for an English profiency test when I applied for my current Tier-2 ICT visa.
5. Any other information that I need to be aware of in the above explained situation?

Many thanks.

[CR001]

1. Can I apply for an ILR-dependent visa?

Yes, once you are married or have lived together for 2 years in a relationship akin to marriage. Your clock to reach ILR will be resent and you will need to complete 5 years on FLR(M

2. Which form should I use? SET(O) or SET(M)?

FLR(M) which will be issued for 2.5 years and you will need to renew it for another 2.5 years. ILR on SET(M) after 5 years on FLR(M)

3. How soon can I apply for ILR dependent visa, if at all I can? Can I do this after June or do I need to wait till 28 days before my Tier-2 ICT expires?

As soon as you are married, unless you have been living together in a relationship akin to marriage for at least 2 years and have the documentary evidence to prove this.

4. Do I need to give a 'Life in the UK' and 'English proficiency' test? I was not asked for an English profiency test when I applied for my current Tier-2 ICT

English Language A1 level test certificate

5. Any other information that I need to be aware of in the above explained situation?

Link below
https://www.gov.uk/government/publicati ... -form-flrm

Many thanks.

[Shiva_dr29]

Many thanks CR001 for clearing the confusion and directing me to FLR(M). I got just one more question:

The UKBA 'Apply to remain in the UK with family' page lists one of the exceptions as 'your partner originally had a temporary visa as a worker' in which case one has to apply for a visa through 'Application for a grant of leave and biometric immigration document as a Tier 1, 2 or 5 dependant' and not FLR(M).

In my case, my fiancee came to the UK under work permit and later Tier 2 General before she applied and got her ILR. Does my fiancee fall under the above category i.e. 'originally had a temporary visa as a worker'?

The terms on UKBA are so confusing!!!

[CR001]

The quote refers to dependents of PBS visas and does not apply to you as you have not been and are not a dependent on your fiance.