Tier-2 Dependent to Tier-2 General to ILR Spouse Visa

[SayanMukherjee]

Hi All,

I need an help on ILR Spouse Visa Application.

I was in Tier-2 General Dependent visa from January-2017 - January-2019. On February-2019 my present employee sponsored me and I am on Tier-2 General visa from February-2019.

But last month I have been made redundant. Therefore won't be eligible to apply for ILR via Tier-2 General job route. Now my husband has ILR from Feb-2022 and he has completed 1 year in ILR. I have two questions below:

1. I am presently in UK and being in UK can I apply for ILR spouse visa as I was already in Tier-2 General Dependent visa initially.

2. If I can apply for ILR spouse visa then do I have to apply for ILR after being 5 years on the spouse visa? or can I apply for ILR on 10 years route visa as I will complete 10 years in UK on January-2027.

[zimba]

1. No you cannot. You are on your own visa route and you are expected to qualify on your own. You have no path to ILR under the skilled worker route unless you find a new sponsor.
2. You can only get ILR either under the long residence after 10 years of lawful continuous residence or after 5 years under the family route (the family route requires you to switch to the family route)

[SayanMukherjee]

@Zimba - Thanks for your reply. I believe you have misread my question in point -1.

1. I am presently in UK and being in UK can I apply for ILR spouse visa as I was already in Tier-2 General Dependent visa initially.

The ask is can I apply for ILR spouse visa as I was already in Tier-2 General Dependent visa initially.

[zimba]

No, I did not misread it. You switched to be a main applicant in 2019. This means you should qualify for ILR on your own. Time spent under dependent route does not count and the fact that you used to be a dependent is irrelevant

[SayanMukherjee]

No, I did not misread it. You switched to be a main applicant in 2019. This means you should qualify for ILR on your own. Time spent under dependent route does not count and the fact that you used to be a dependent is irrelevant

To be specific my ask is can I apply for" ILR spouse visa" to be in the country? My job position has been made redundant and hence I know I can't continue to be in Tier-2 General Visa after my job ends.

So I'm trying to understand what are my options to stay in UK after end date in my current job.

[zimba]

There is no such thing as "ILR spouse visa". You probably mean the family route. Your options are either to find a new sponsor or switch to the family route using form FLR(M).