Tier 2 (General) Dependent ILR Time Calculation Question

[mzeeshan]

Hi all,

After so many years I have returned to this very informative board that has helped me in getting my British Passport in the past. Big thanks to all the experts here. This time I am here to clarify few questions for a friend of mine. So here is the situation as per my initial understanding.

Situation

• My friend is on Tier 2 General visa here in UK since Oct-2014.He is a Software Engineer by Profession.

• His Tier 2 G visa will expire in Oct 2019. So in total his visa start and finish date shows exactly 5 years i.e., from Oct-2014 till Oct-2019.

• His wife's visa (Tier 2 G dependent visa) start date is 09-Dec-2014 and end date is 16-Oct-2019.

• She landed in UK on 14-Jan-2015. They are still married and living together and preparing for their upcoming ILR application in Oct-2019.

Problem
Now the problem here is in the start and end dates of his wife's dependent visa which is not exactly stamped for 5 years.

Questions
Now my questions to all the experts here regarding this problem are as follows:

• My friend should still apply ILR for his wife on the same date as he will be applying for himself this year in Oct-2019 ?

• Or He should apply for another 1 year extension for his wife to lawfully fullfil the requirement of 5 year time period spent in UK?

• Isn't this the fault of Home office that they gave them the wrong dates on their visa stamps/stickers?

• How should they calculate the 5 years time period for his wife's ILR application ?

• What would be the application process if his wife will apply for another extension and does she need to apply separately on her own?

Which form she need to fill in case of an extension application and what would be the required documents list ? Any pointers/URLs would be much appeciated.

Please clarify in details and my apologies if this is redundent question. Please point me to the similar topic/question (if any) which was answered in detail.

Thanks in advance.

Best Regards,
M.Z

[CR001]

My friend should still apply ILR for his wife on the same date as he will be applying for himself this year in Oct-2019 ?

No, she doesn't qualify for ILR in October. Her residence start date is from the date HER visa was ISSUED.

Or He should apply for another 1 year extension for his wife to lawfully fullfil the requirement of 5 year time period spent in UK?

Extension yes. It is a 3 year extension. IHS of £1200 and visa fee payable.

Isn't this the fault of Home office that they gave them the wrong dates on their visa stamps/stickers?

What date did she apply for her initial visa?? A PBS Dependent cannot get a visa validity that is long than the main PBS migrant. So no, it doesn't appear to be an HO error.

How should they calculate the 5 years time period for his wife's ILR application ?

Starts from visa issue date.

What would be the application process if his wife will apply for another extension and does she need to apply separately on her own?

Complete the PBS Dependent form. Maintenance funds of £630 for 90 days required. She applies after spouse gets ILR but before her visa expires. If the spouse applies close to expiry of visa, then she must apply around the same time and before her visa expires. If the spouse ILR fails, her PBS Dependent visa will also fail.

[mzeeshan]

My friend should still apply ILR for his wife on the same date as he will be applying for himself this year in Oct-2019 ?

No, she doesn't qualify for ILR in October. Her residence start date is from the date HER visa was ISSUED.

Or He should apply for another 1 year extension for his wife to lawfully fullfil the requirement of 5 year time period spent in UK?

Extension yes. It is a 3 year extension. IHS of £1200 and visa fee payable.

Isn't this the fault of Home office that they gave them the wrong dates on their visa stamps/stickers?

What date did she apply for her initial visa?? A PBS Dependent cannot get a visa validity that is longer than the main PBS migrant. So no, it doesn't appear to be an HO error.

How should they calculate the 5 years time period for his wife's ILR application?

Starts from visa issue date.

What would be the application process if his wife will apply for another extension and does she need to apply separately on her own?

Complete the PBS Dependent form. Maintenance funds of £630 for 90 days required. She applies after a spouse gets ILR but before her visa expires. If the spouse applies close to the expiry of visa, then she must apply around the same time and before her visa expires. If the spouse ILR fails, her PBS Dependent visa will also fail.

Hi CR001,

Thanks for the clarifications and my apologies for the late reply. Would you be kind enough to clarify a couple of more points which came to my mind after reading your answer and they are as follows:

• As you mentioned as a reply to my previous queries that she should apply for the 3-year extension because she does not qualify for the ILR. So does that mean the maximum 6-year rule does not apply to her?

• His wife's visa (Tier 2 G dependent visa) issue date is 09-Dec-2014 and end date is 16-Oct-2019 but she landed in the UK on 14-Jan-2015. You can clearly see that her visa is almost 2 months less than a total of 5 years. Now if she applies for the 3 years extension and gets it successfully, can she apply for her ILR after spending/completing 2 months of shortage period from that 3 years extension visa? She does not need to wait for full 3 years to apply for her ILR because it's only 2 months which are short from the actual criteria of staying here in the UK for 5 consecutive years right?

Please clarify. Any pointers/URLs (if any) would be much appreciated. Looking forward to your detailed reply as well.

Thanks.
Best Regards,
M.Z

[CR001]

1. The 6 year max rule sonly applies to main tier 2 visa holders and not to dependents.

2. She can apply for ILR at any point once she meets the requitments.