Tier 2 General (Main visa holder) to Family member of ILR holder (LR SET 10 year)

[nehasulabh]

Dear Team,

I am currently in the process to get a Family member visa for my wife.

Current situation: Wife is on Tier 2 General visa and that is valid till Sept 2022 but now husband got ILR and wife want to resign and apply for Family member visa.

Question: 1. Does this reset the 5-year settlement timeline for ILR?
2. Can she resign from her current job now as she is facing issues in her job and later (within a month) can apply for a Family member route to her husband.
3. does resignation will void her current Tier 2 general visa a there any time at which she should apply for a new visa?

Thanks for your advice.

Best regards,
Sulabh

[zimba]

1. Yes. As she is under Tier 2 General, she can qualify for ILR on her own. But if she decides to switch to the family route, she has to start her 5 years from scratch under that route. A better approach may be for her to find a new sponsor and get a new Skilled worker visa to maintain her qualifying years for ILR under SET(O).

2. Yes she can but her ILR could be delayed by several years. A better approach may be for her to find a new sponsor and get a new Skilled worker visa.

3. Employer will report this to UKVI and they may seek to curtail her current visa. Until her visa is not curtailed, her visa remains valid. She then can apply to switch to the family route or find a new sponsor and get a skilled worker visa.