Dependant Qualification for ILR

[ayotade]

I have a Tier 2 Visa that is due to expire in March 2019. My husband's visa is dependant on this visa, but his visa and entry date differs from mine. I will qualify for an ILR in December 2018, but as at then his visa will be 6 months less than 5 years of his stay in the UK. By December 2018, he would have applied twice as a dependant under the Tier 2 visa (first dependant application and extension application).

I would like to know what kind of visa or visa extension he would do after I migrate to an ILR visa status.

[CR001]

If you apply for ILR based on Tier 2 and 5 years residence, he can extend his PBS dependent visa.

Unusual for his dates to be different to yours, especially the visa end date. Did you apply for a visa extension or change of employer without him?

[ayotade]

If you apply for ILR based on Tier 2 and 5 years residence, he can extend his PBS dependent visa.

Thanks for the reply, however I think I didn't pass on my question well. He's planning to apply for an extension this month. Which will be a Tier 2 dependant visa, however the end date will typically be the same end date as mine. With that end date, he wouldn't have spent 5 years in the UK and I would have spent 5 years and 3 months as at that end date, so I will qualify an ILR, so after then what visa will he get to cover for the remaining 6 months gaps he has before qualifying for an ILR?

Unusual for his dates to be different to yours, especially the visa end date. Did you apply for a visa extension or change of employer without him?

His visa end date is same as mine. I changed employer, so his first visa end date is the end date of my former visa. Only his entry date is different from mine.

[CR001]

What date did he enter the UK?

He will have to apply for an extension as he is short of 5 years residence at that point.

[ayotade]

What date did he enter the UK?

He will have to apply for an extension as he is short of 5 years residence at that point.

Thank you. What extension will he apply for? He entered July 2014.

[CR001]

If you apply for ILR based on Tier 2 and 5 years residence, he can extend his PBS dependent visa.

[ayotade]

If you apply for ILR based on Tier 2 and 5 years residence, he can extend his PBS dependent visa.

Hi, by the time his visa expires, I won't be on a PBS visa anymore. So how does he extend as a PBS dependant?

[CR001]

The rules allow it but ONLY if you apply for ILR based on Tier 2 and not long residence.

http://www.immigrationboards.com/immigr ... 14832.html

[ayotade]

The rules allow it but ONLY if you apply for ILR based on Tier 2 and not long residence.

http://www.immigrationboards.com/immigr ... 14832.html

Thank you for the information. To clarify what I understand from your reply: He will do an extension as a PBS dependant, even though I have moved on to ILR.

Can you please enlighten me on this rule? Currently he is about to apply for an extension this month (PBS dependant - which will make his total stay to be 4 years 6 months based on the validity of my Tier 2 Visa), so can that rule take effect from now or is it until my PBS validity expires?

[CR001]

The rules are contained in the link I provided. There are links within the link which will indicate what you need to know. The relevant section for you/dependent is below with the links contained. If he extends his visa now, he will only get a visa valid till the expiry date of your visa. He will therefore have to apply for another extension before expiry.

Dependants of PBS (Tier 1 General, Tier 2) migrants
Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see Note below.

2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant's settlement application.

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.

[ayotade]

The rules are contained in the link I provided. There are links within the link which will indicate what you need to know. The relevant section for you/dependent is below with the links contained. If he extends his visa now, he will only get a visa valid till the expiry date of your visa. He will therefore have to apply for another extension before expiry.

Dependants of PBS (Tier 1 General, Tier 2) migrants
Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see Note below.

2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant's settlement application.

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.

Thank you for the reply.