Tier 2 Dependent Visa Extension

[justaquery]

Hi Everyone

My wife came to the UK on 16 Feb 2019 on a Tier 2 Dependent Visa that is valid till 8 August 2020.

I shifted onto an ILR on 15 August 2019.

Next year, we will apply for her Tier 2 PBS extension visa in July, I assume she will get a 3 year visa valid till 8 August 2023.

However, this means that as at 8 August 2023, she will have been in the UK for about 4 years 6 Months. She won't meet the 5 year residency requirement to apply for ILR.

What will happen at that time? Will I have to apply for another 3 year Tier 2 dependent visa application (and then apply for ILR after she meets the 5 year residency requirement)? Or is it better to shift her onto a spousal visa now that I am on an ILR. I am reluctant to change to the spousal visa as this will reset her 5 year residency clock.

How does the home office deal with dependent visa application where the partner is a few months short of the 5 year requirement? If anyone has had a similar experience, please let me know.

Thanks

[CR001]

Did you get ILR based on 5 years Tier 2 or 10 years long residence?

Next year, we will apply for her Tier 2 PBS extension visa in July, I assume she will get a 3 year visa valid till 8 August 2023.

Yes, it will be a 3 years extension from the date of approval plus 3 years. It is not tagged onto her existing visa expiry plus 3 years.

However, this means that as at 8 August 2023, she will have been in the UK for about 4 years 6 Months. She won't meet the 5 year residency requirement to apply for ILR.

What will happen at that time? Will I have to apply for another 3 year Tier 2 dependent visa application (and then apply for ILR after she meets the 5 year residency requirement)?

She will have to apply for another 3 year extension and yes apply for ILR when she meets the requirements.

Or is it better to shift her onto a spousal visa now that I am on an ILR. I am reluctant to change to the spousal visa as this will reset her 5 year residency clock.

Your choice but yes, her clock will be reset to zero and the requirements to be met are more, i.e. minimum income and English.

How does the home office deal with dependent visa application where the partner is a few months short of the 5 year requirement? If anyone has had a similar experience, please let me know.

You have to apply for an extension if you are short. HO doesn't 'deal' with anything if you do not meet the requirements. You simply get refused.

[justaquery]

Hi,

Thanks for replying to me. I got the ILR after spending 5 years on Tier 2.

We’ll stay on the Tier 2 spousal visa for the 5 years, although it is very frustrating (but not surprising) that the home office has no option for a smaller extension. As it stands, in 2023, first we will have to spend almost £2000 (health surcharge and visa) to get a 3 year extension so she can meet the 5 year requirement, and then 6 months later, spend another £2,500 to get her shifted to ILR.