I am really sorry if there is a similar thread somewhere but I could not find it. First time here and what a great forum. I was hoping you could help me with an issue.
Our situation:
I am Tier 1 (General) migrant and have spent enough time in the UK to qualify applying for ILR now (but my leave to remain expires in 2017). My recently married wife is on a WP (Tier 2 visa employer sponsored actually) and has been on it for the last 18 months. Before this time, she was on a post study work visa (for 2 years) and before then a student since 2008. We were considering for her to switch to a PBS dependant. In this instance, she would not be tied to her employer and can look for other work closer to home.
My questions:
- Is it possible to switch into my category as a PBS dependant while in the UK?
- If she does switch into the PBS dependant category, would her current residence (atleast on the Tier 2 visa) count towards her residence to eventually qualify for ILR or would she need to complete her qualifying period again?
- Is it possible to apply as a PBS dependant and then apply for the 10 year rule in 2018 since she has been a student since 2008 (and obviously meeting the time away from UK criteria of 540 days in that period)
- If i take up my ILR, what other switching categories do we have available? A dependant Spouse? Would her qualifying period restart in this instance?
I hope someone can help me - please let me know if I have missed any detail that is important to also consider. Thanks guys .. much appreciated
