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Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by joehe » Sun Jan 07, 2018 10:09 am

Hi all:

I have lately switched to ILR from T2 using 10 year route( SET LR). As my wife is still with T2 dependent visa( which expires Dec 2018), my question is : is her T2 dependent visa still valid if I have switched to ILR using 10 year route? My wife will qualify for 10 year route this Oct 2018, can she apply ILR through 10 year route before her current T2 dependent visa expires? Thank you so much!

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Casa
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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by Casa » Sun Jan 07, 2018 10:26 am

Your wife will have to switch to a FLR(M) Spouse visa, putting her on a new 5 year route to settlement. She shouldn't travel outside of the UK until she has been issued with FLR(M). She can't remain on her Tier 2 Dependent visa. In addition to the FLR(M) visa fee, she will also have to pay the £500 NHS surcharge and meet the A1 level English requirement.

However, she will be able to combine all legal residence to qualify for 10 years LR in October 2018.
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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by joehe » Sun Jan 07, 2018 10:35 am

Hi Casa:
Thanks for your quick reply.
Does it mean if she stays on current T2 dependent that would be treated as illegal stay in the UK?
Is there any time line when she needs to switch to FLR(M)?

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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by CR001 » Sun Jan 07, 2018 11:05 am

Does it mean if she stays on current T2 dependent that would be treated as illegal stay in the UK?

No.
Is there any time line when she needs to switch to FLR(M)?
No, but the sooner the better to restart her new 5 year residence clock towards ILR.
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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by Casa » Sun Jan 07, 2018 11:06 am

The information in this link may be helpful:
immigration-for-family-members/dependan ... 43881.html
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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by joehe » Sun Jan 07, 2018 11:13 am

CR001 wrote:
Sun Jan 07, 2018 11:05 am
Does it mean if she stays on current T2 dependent that would be treated as illegal stay in the UK?

No.
Is there any time line when she needs to switch to FLR(M)?
No, but the sooner the better to restart her new 5 year residence clock towards ILR.
thanks for the answer. but if my wife can apply ILR (10-year route) before her current T2 dependent visa expires, is it still necessary that she makes FLR (M) application before she applies for ILR (10-year route)? Thanks a lot.

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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by CR001 » Sun Jan 07, 2018 11:14 am

She can stay on her current visa till ILR LR application, but it is risky to travel out of the UK. If you have travel plans, she should switch to FLR(M) first.
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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by joehe » Sun Jan 07, 2018 11:20 am

CR001 wrote:
Sun Jan 07, 2018 11:14 am
She can stay on her current visa till ILR LR application, but it is risky to travel out of the UK. If you have travel plans, she should switch to FLR(M) first.
thanks a lot! that's very clear.

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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by goldenuk » Sun Jan 07, 2018 2:35 pm

I don't know whether I can ask question in someone else post . Asking it because I am almost in similar situation . My wife is having another 7 months visa , we have to travel as emergency as wife's dad is not well . If we wait for the her FLR , it may take another 3-4 months I guess . So is that ok , we travel as I'm on SEL LR VIsa , my wife is my PBS dependent. I have asked the question earlier . Didn't get a proper response . Now we are planing to go by end of January after receiving my BRP card , and return in 1 month time and apply for my wifes visa ?

What you think . Please give a good advice . Is there any way to contact HO regarding this ? Any email or contact number of HO of this ?

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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by Casa » Sun Jan 07, 2018 2:48 pm

CR001 wrote:
Sun Jan 07, 2018 11:14 am
She can stay on her current visa till ILR LR application, but it is risky to travel out of the UK. If you have travel plans, she should switch to FLR(M) first.
Advice stands.
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Re: Will T2 dependent visa become invalid if main application switched to ILR through 10 year route

Post by vinny » Sun Jan 07, 2018 2:51 pm

goldenuk wrote:
Sun Jan 07, 2018 2:35 pm
Didn't get a proper response.
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