ILR dependent

[robin_cbd]

Applogize if you have seen the same question.

THANKS TO EVERYONE THAT READ THIS POST AND THANKS FOR REPLYING!

I am currently in Tier-2 (General) and I am eligible to apply the 10 year ILR in Auguest. My wife is currently in Tier-2 dependent. Her tier-2 dependnent start from May 2016 and due to expire in Sep 2017 (Same as my current Tier-2 visa).

My questions are:

1. Is her current visa (Tier-2 dependent) still valid after I get my ILR? If it is valid, can she still use it until Sep 2017.
2. My wife is not eligilbe to apply the ILR. She has to extend visa in order to get 5 years in total. According to Home office, she has to apply as "Tier-2 dependent" because I was originally in Tier-2 category. Is this correct?


Thank you very much

[CR001]

1. Not really, but should be ok to remain on it if she is not planning to travel outside the UK

2. No, she has to apply to switch to FLR(M) spouse settlement visa. She cannot continue as PBS Dep because you are applying for ILR based on 10 years long residence.

[Casa]

It will reset her immigration clock to zero and she'll be on a new 5 year path to ILR (2.5 + 2.5 years)

[robin_cbd]

1. Not really, but should be ok to remain on it if she is not planning to travel outside the UK

2. No, she has to apply to switch to FLR(M) spouse settlement visa. She cannot continue as PBS Dep because you are applying for ILR based on 10 years long residence.

Thank you very much for your prompt reply. I wonder why the "Exceptions" from FLR(M) cannot apply to her? I was originally in a temporary visa, the Tier-2 (General). Is Tier-2 (General) skilled worker different from Tier-2 (General) ??

The Exceptions from FLR(M) is : https://www.gov.uk/remain-in-uk-family/exceptions

Thank you very much

[CR001]

The exceptions would ONLY apply if you obtain ILR based on 5 years Tier 2 General OR her PBS dep visa was issued before 9th July 2012.

The rules regarding PBS Dep of migrants who apply for ILR based on long residence changed in April 2014, see link below. The rules do not permit her to stay as PBS dependent if you apply for ILR based on long residence, she has no other option but to switch to FLR(M) and the sooner she does after you get ILR, the sooner her 5 years clock towards her ILR will start.

Dependent of ILR Long Residence Applicant on PBS Leave (click)

***** CHANGES 6th April 2014 (click) *****

[robin_cbd]

The exceptions would ONLY apply if you obtain ILR based on 5 years Tier 2 General OR her PBS dep visa was issued before 9th July 2012.

The rules regarding PBS Dep of migrants who apply for ILR based on long residence changed in April 2014, see link below. The rules do not permit her to stay as PBS dependent if you apply for ILR based on long residence, she has no other option but to switch to FLR(M) and the sooner she does after you get ILR, the sooner her 5 years clock towards her ILR will start.

Dependent of ILR Long Residence Applicant on PBS Leave (click)

***** CHANGES 6th April 2014 (click) *****

Thank you very much. You are brilliant ~ I am going to apply the ILR - long residnece in 2 weeks using Premium Service. Do you recommend my wife apply the FLR(M) at the same time or after I get my ILR? If she apply after I get my ILR, is there any limited time for her to apply FLR(M)?

Thank you, you are brilliant

[CR001]

It is your choice. She can apply on the same day as you with a separate appointment a couple of hours after yours or she can apply a few weeks after you. Their is not timeframe to apply to switch, but traveling will be risky if she doesn't (if there is an emergency for example) and the sooner she gets FLR(M), the sooner she can start her 5 year route to ILR.

She will have to pay the £500 immigration health surcharge on top of the £811 (postal) or £1311 (in person) visa fee.

[robin_cbd]

It is your choice. She can apply on the same day as you with a separate appointment a couple of hours after yours or she can apply a few weeks after you. Their is not timeframe to apply to switch, but traveling will be risky if she doesn't (if there is an emergency for example) and the sooner she gets FLR(M), the sooner she can start her 5 year route to ILR.

She will have to pay the £500 immigration health surcharge on top of the £811 (postal) or £1311 (in person) visa fee.

Thank you so much ~ you are splendid ~

[CR001]

You are welcome and post any further queries or questions you have and will be happy to help.