FLR (M) or extending dependant Tier 2 visa?

[Sin1361]

Hi there,

My current Tier 2 visa will be expired at the end of December 2020. Now, I am eligible to apply for ILR (10 years route) visa. But due to covid19, fast track has been closed, I read maybe it takes 6 months my ILR visa has been granted. My wife visa (Tier 2 dependant) also will be expired December 2020.

Can she apply for spouse visa at the same time with me when I apply for ILR visa? Or she only can apply for spouse visa when my visa has been granted? then maybe during this time her visa will be expired.

[CR001]

You can apply at the same time on the two respective forms. If your ILR fails, her FLR(M) will also fail and you will lose all fees paid except IHS.

Switching your spouse to FLR(M) visa also resets the 5 year ILR clock to zero.

[Sin1361]

Thank you so much

[Sin1361]

Hi there,

I am in UK for 10 years, I had a Tier 2 visa (my tier 2 visa will be expired 13 April) before applying for ILR visa from long residency, I applied for ILR visa 30 December 2020. I have married 7 months ago. My wife came to UK based on dependant Tier 2 visa. Her visa expired 13 April 2021.

My ILR visa has not been granted yet. I was wondering what type visa she can apply? FLR (m) visa or extension dependant Tier 2 visa?

Many thanks

[CR001]

Topics merged.

FLR M visa meeting the English and financial requirements.

[Sin1361]

Thank you for reply? which visa is more safe for my wife?
Her visa will be expired 13 April, shall she go extending Tier 2 dependant visa or FLR visa? Because my visa not granted

[CR001]

She CANNOT apply for a PBS dependent extension if you are applying for ilr based on 10 years long residence. The rules do NOT permit this.

She must apply for FLR M before her current visa expires, even if you are still waiting for ilr decision. She must meet the English and financial requirements for FLR M.

[Sin1361]

Thank you for fast response. Actually I have called home office, they told me my wife can not apply for FLR (m) visa only option is my wife has to extend Tier 2 dependant visa because my ILR visa (10 years route) has not been granted yet, therefore I am in UK based on Tier 2 visa (my and my wife visa expired 13 April) till my visa will be granted.
I am really confused what to do, You said that laws does not permit to extend dependant visa in this case. May I ask you give me a link about this situation.

Thank you

[CR001]

The call centre is outsourced to Sitel, a third party agency. You are not talking to ukvi staff at all.

A PBS dependent visa extension will fail.

She only has the option of FLR M and this rule has been in place since April 2014. Her FLR M application will be considered only after your ilr apllication is decided.

immigration-for-family-members/dependan ... 43881.html