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Tier 2 dependant to ILR dependant?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Mehreen
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Tier 2 dependant to ILR dependant?

Post by Mehreen » Sat Oct 31, 2015 10:18 pm

Hi everyone,

I am on a Tier-2 dependant visa valid till October 2016.
My husband got his ILR yesterday and I wanted to know can I apply for a Tier-2 dependant visa extension?

I don't want to change to FLR(M) as I understand that will reset my clock? Please confirm if this is true?

Also for Tier-2 Visa extension can anyone please explain what maintenance we are supposed to show?
And who has to show it? Me or my husband?

Thanks.

vinny
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Re: Tier 2 dependant to ILR dependant?

Post by vinny » Sat Oct 31, 2015 10:28 pm

See also Dependants of ILR (economic, 5 year route) applicants.

When did you initially apply to become your husband's dependant?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Mehreen
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Posts: 48
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Re: Tier 2 dependant to ILR dependant?

Post by Mehreen » Sun Nov 01, 2015 8:56 am

I joined him in May 2013 so I'm on the 5 year route.

vinny
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Re: Tier 2 dependant to ILR dependant?

Post by vinny » Sun Nov 01, 2015 9:42 am

Assume that husband was granted ILR using SET(O) as a PBS Migrant and not granted ILR using SET(LR) under Long Residence:

If you are extending as a PBS dependant, then the maintenance required is as if husband was still a PBS Migrant.

Under the Immigration Rules and Guidance, there is no requirement to make an early premature extension. However, you should be aware that some caseworkers have difficulties in understanding this.

But as you should qualify for ILR within 3 years anyway, you may as well extend now, to prevent hassle with an irrational curtailment team. Or, if not travelling, when extending, you may wait until a getting curtailment notice or until shortly before your leave expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Mehreen
Newbie
Posts: 48
Joined: Sun Jan 25, 2015 7:05 pm

Re: Tier 2 dependant to ILR dependant?

Post by Mehreen » Mon Nov 02, 2015 9:13 pm

Is travelling going to be a problem on my current visa?

Sorry I don't understand. When should I extend my visa?

It expires on 27/10/2016. Should I apply shortly before it expires or I am in a chance of getting a curtailment notice before that?

I intend to travel to India next year before it expires.

Thanks

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CR001
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Re: Tier 2 dependant to ILR dependant?

Post by CR001 » Mon Nov 02, 2015 9:16 pm

On what basis did your husband obtain ILR? Through Tier 2 with 5 years residence or through 10 years long residence. The correct advice will be based on this.
Char (CR001 not Casa)
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Mehreen
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Posts: 48
Joined: Sun Jan 25, 2015 7:05 pm

Re: Tier 2 dependant to ILR dependant?

Post by Mehreen » Sun Nov 08, 2015 9:14 pm

He got it on the 5 year route.

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CR001
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Re: Tier 2 dependant to ILR dependant?

Post by CR001 » Sun Nov 08, 2015 9:58 pm

You can continue on your existing visa and apply for an extension shortly before expiry.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Mehreen
Newbie
Posts: 48
Joined: Sun Jan 25, 2015 7:05 pm

Re: Tier 2 dependant to ILR dependant?

Post by Mehreen » Fri Jan 08, 2016 2:19 pm

Can anyone please tell me what maintenance does my husband need to show if he is on ILR and i have to extend my tier-2 dependant visa?

I cant seem to find it anywhere.

Thanks

geriatrix
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Re: Tier 2 dependant to ILR dependant?

Post by geriatrix » Fri Jan 08, 2016 6:49 pm

Read the Tier 2 dependant policy guidance.
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