ILR Long residence (10y) - vs Work Permit (5y)

[Learner178]

Hi All,

I am preparing myself for the ILR application and have a few questions. I have tried to find the answers for these either through reading the regulations, or searching on the internet (this board in particular), but still not quite clear. Hence hope that you can help me with these.

Background:
- I came to the UK to study in September 2005 under student visa, and started working in September in 2011, under Tier 2 (general) visa.
- I got married in Jan 2013 and my wife comes to the UK under dependent visa (PBS) at the same time - She is currently working and has income below the £18,800 threshold.

My understanding is that if things go according to plan, I have two options:
(a) I will be qualified for the 10 years long residency in September 2015
(b) I can also wait for another year i.e. September 2016 to apply for the 5 years (with Work Permit)

My questions:
1. Given my circumstances, is there any disadvantage of me going down the 10 years route as compare to the 5 years route - for myself and for my wife?
2. Assuming that I get my ILR, I understand that my wife does not have to do anything and can still stay legally in the UK still her current dependent visa expires (assuming that we don't plan to go abroad in the coming years) and it seems to be cost effective to do so - Is there any disadvantage of doing so? In other words, Is there any reason that she should be switching to FLR (M) immediately after I got my ILR?
3. Please could you confirm that after switching to FLR (M) - my wife can then apply for settlement in Jan 2018 SET(M) - assuming we follow the 5 year route and irrespective of which option (a) or (b) above that I may take.

Please let me know if I need to provide further info to make the questions clearer.

Thank you for your help!

learner178

[Amber]

If she switches to FLR(M) the 5 year clock resets.

[Learner178]

Amber,

Thanks for getting back to me on this.

I have just re-read the post "FLR(M) or PBS Dependent after ILR" and it seems that best route for her would be to continue/extend her PBS dependant, instead of switiching to FLR(M). If that is the case,
(a) does it mean that she does not have to apply for a new PBS dependant visa after I have obtained my ILR ?
(b) does it count as change in circumstances - i.e. will there be problem if she does not change her visa and travels to outside the country?
(Answers for this can help resolve question 2 and 3)

For question 1, please could you/anyone provide some thought ?

Thanks!

Learner178

[iworker]

if you get ILR on basis of LR, then your wife can not get ILR on basis of PBS, even if she completes 5 years (although that will not happen as her visa will expire in 2016/17 and she can not extend her PBS deendent visa).

If you change to ilr on LR, then wife has to change to FLR(M) at some point, and then the counter will start again from 0.. hence sooner the better.
If you continue on tier 2, change to ilr on basis of 5 years of tier 2, then she can continue on tier 2 dependent, and even extend her PBS dependent visa to complete 5 years on it and aply for ilr.

[Learner178]

Hi iworker,

Thanks for your response.

That addresses a very critical question.

Based on what you said, for me and my wife it would be best that I wait and extra year and apply follow the 5 years route.

Please could you point me to the document/rule to read further on the below
“if you get ILR on basis of LR, then your wife can not get ILR on basis of PBS, even if she completes 5 years”

Thanks

Learner178

[iworker]

correct.
see 7.11

https://www.gov.uk/government/uploads/s ... _Ready.pdf

[Learner178]

Thank you for your help on this. It is much clearer to me now.

There is one last point that I would like to clarify:

My current visa, Tier 2(General), is to be renewed with my employer shortly (including my wife's dependant visa). I expect that, given the latest changes, the new ones can last up to 5 years.

Does it mean that, when I apply for ILR follow the 5 years route in September 2016 (from Sept 2011), my wife does not have to apply/change her visa, and can apply straight for ILR in Jan 18 (from Jan 2013) ?

Will there be any problem if she travels?

Thanks!

Learner178

[Learner178]

Please can someone shed some light on my last question?

Thanks!

[iworker]

Tier 2 general visa is not automatically given for 5 years.
there are 2 categories, 3 years or less, or 3 years and more. Both have different fees for both main applicant and dependents.
It depends on your employer, as to how long the issue the cos for. If they issue the cos for over 3 years, you will have to pay more.
presuming our next question is, can you apply for less than 3 years, and your wife more than 3 years visa, answqer to which is no.