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chemplus
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by chemplus » Wed Aug 09, 2017 5:02 pm
Hello everyone!
I have few questions regarding my route to ILR.
My wife is currently working in the UK under Tier 2 (general) visa and she will be eligible to apply ILR by this October (Tier 2 general 5 years route).
We came to UK in 2009 under Tier 4 route. my wife then got her Tier 1 Post-study-work visa before her company eventually granted her Tier 2 sponsorship in late 2012. I moved onto Tier 2 dependant visa by late 2014 after I finished my degree, but then switched to a Tier 2 visa between 2015-2016. In mid-2016, I switched back to her dependant to accept new job offers.
We have been living together in the UK since 2009. My 2015 Tier 2 was applied outside UK.
My questions are:
1. Can i apply ILR together with my wife?
2. If No, what would be the best route for me to apply ILR in the near future?
Many thanks in advance:)
Jing
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CR001
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by CR001 » Wed Aug 09, 2017 5:18 pm
1. Can i apply ILR together with my wife?
No you can't. Your 5 years residence clock reset to zero in mid 2016 when you switched to dependent visa again.
2. If No, what would be the best route for me to apply ILR in the near future?
Apply for a Tier 2 dependent extension until you reach 10 years long residence, assuming you meet all the requirements.
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.
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chemplus
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by chemplus » Wed Aug 09, 2017 5:23 pm
CR001 wrote:1. Can i apply ILR together with my wife?
No you can't. Your 5 years residence clock reset to zero in mid 2016 when you switched to dependent visa again.
2. If No, what would be the best route for me to apply ILR in the near future?
Apply for a Tier 2 dependent extension until you reach 10 years long residence, assuming you meet all the requirements.
Thank you! Does it mean my 5 years residence was reset EVEN my second dependant visa was applied INSIDE UK?
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chemplus
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by chemplus » Wed Aug 09, 2017 5:41 pm
To make it more clear, I was confused by UKVI online text:
Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
You must also have been living with your partner in the UK for at least:
2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012
My current visa is dependant visa, I have been living with my wife in the UK for more than 5 years, but my visa type did changed many times during last 5 years, from Tier4->Tier 2 dependant -> Tier 2 to Tier 2 dependant again.
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vinny
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by vinny » Wed Aug 09, 2017 5:51 pm
Your time under Tier 2 may break
319E(
d)(ii)(c).
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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chemplus
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by chemplus » Thu Aug 10, 2017 9:42 am
vinny wrote:Your time under Tier 2 may break
319E(
d)(ii)(c).
Thank you so much for pointing it out!
So based on above discussion. I will need to apply a PBS dependant extension. My current Tier 2 dependant VISA would be expired by the end of 2018, I will need to extend it for another year in order to meet requirement of 10 years long residence (I have met all other requirements). The question is, can I extend my Tier 2 dependant visa again after my wife had got her ILR visa? Her current Tier 2 visa is going to expiring by the end of 2018 and cannot be extended again due to 6 years limit.
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CR001
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by CR001 » Thu Aug 10, 2017 9:58 am
chemplus wrote:Thank you so much for pointing it out!
So based on above discussion. I will need to apply a PBS dependant extension. My current Tier 2 dependant VISA would be expired by the end of 2018, I will need to extend it for another year in order to meet requirement of 10 years long residence (I have met all other requirements). The question is, can I extend my Tier 2 dependant visa again after my wife had got her ILR visa? Her current Tier 2 visa is going to expiring by the end of 2018 and cannot be extended again due to 6 years limit.
You can extend your current visa. An extension will be for 3 years. You will also have to pay the £600 IHS fee in addition to the visa fee.
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.
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chemplus
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by chemplus » Thu Aug 10, 2017 10:24 am
CR001 wrote:chemplus wrote:Thank you so much for pointing it out!
So based on above discussion. I will need to apply a PBS dependant extension. My current Tier 2 dependant VISA would be expired by the end of 2018, I will need to extend it for another year in order to meet requirement of 10 years long residence (I have met all other requirements). The question is, can I extend my Tier 2 dependant visa again after my wife had got her ILR visa? Her current Tier 2 visa is going to expiring by the end of 2018 and cannot be extended again due to 6 years limit.
You can extend your current visa. An extension will be for 3 years. You will also have to pay the £600 IHS fee in addition to the visa fee.
Again thank you very much!
