Tier 2 ICT to ILR - Main Applicant and Dependent

[dhruv26186]

Hi there,

I am currently in UK on Tier 2 ICT and will complete the 5 years in JAN 2014 hence would be eligible for ILR.

My Wife is in UK on Tier 2 ICT dependent and will just complete around 5 months in JAN 2014.

So by the time i apply for my ILR, what would happen to her Tier 2 ICT dependent VISA? Will her Tier 2 ICT dependent VISA becomes invalid when i moved from tier 2 ICT to ILR VISA?

OR she can stay in UK on her Tier 2 ICT dependent VISA despite i moved to ILR?

Regards,
Dhruv

[Amber]

She may continue with that leave and then extend as a PBS dep before it expires until such time as she completes 5 years and then can apply for settlement.

[dhruv26186]

Thanks.

i been asked to apply for her VISA as (Spouse of Settled Person or PBS dependent ) using FLR M form as soon as i get my ILR (from Tier 2 ICT)

Someone said that as i moved from Tier 2 ICT to ILR, my wife's TIer 2 ICT - Dependent VISA will become invalid from that moment onwards. Is that incorrect too?

Regards,
Dhruv

[vinny]

Amber is correct.

Who told you otherwise?

[dhruv26186]

So you mean that

I move from ICT tier 2 to ILR in JAN 2014. (my ICT tier 2 expires in March 2015 but i complete 5 years in UK in JAN 2014 so moving to ILR)

My wife can continue remain on ICT Tier 2 Partner VISA (until end of that VISA which is March 2015 - based on my current ICT Tier 2 VISA expiry - March 2015)

Before March 2015, she needed to either extend her VISA as

- PBS dependent
OR
-Spouse of Settled Person.


Is above correct?

[vinny]

Yes.

It would be interesting to know who has told you otherwise.

Moreover, if she switches to being a spouse of a settled person, then her qualifying period for ILR in this category may be reset.

[dhruv26186]

Thanks Vinny

your help have been really great

My plan is like below now.

i would apply for my ILR in JAN 2014 and my wife will continue on ICT Tier 2 - Dependent VISA until end of March 2015 (when her ICT tier 2 - dependent VISA expires)

I would apply for citizenship along with my wife in JAN 2015. I would include my wife in that citizenship as my dependent so no point applying her new visa between JAN 2014 (time i get my ILR) till JAN 2015 (time when i citizenship along with her).

In this case, her Tier 2 ICT dependent continue till March 2015 so she can stay in UK until then. no any VISA needs to be applied for her till March 2015

she don't need to go through the Life in the UK test as her degree was taught in english and i would include her as my dependent in citizenship form in JAN 2015


Please verify this and confirm if that's all okay and within the immigration rules?

Regards,
Dhruv

[Amber]

It's not OK at all, your wife needs to be settled, in her case ILR, before she can apply to naturalise as British, as I originally said, she needs to complete 5 years for settlement. Moreover for settlement and Naturalisation she would need LIUK in addition to B1 for KoLL. Where have you been getting these ideas from?

[dhruv26186]

Aww thanks for your response.

I think i got bit confused the way i getting information from collegues and friends around.

Can you please suggest what should i do

- Do i include my wife in as dependent in my ILR application in JAN 2014?
- Do i apply for my ILR in JAN 2014 and once i get that, i apply for my wife's visa to change from ict tier 2 partner to spouse of settled person?
- Do i apply for my ILR in JAN 2014 and let her remain on ICT tier 2 partner visa untill March 2015. in March 2015 when her ICT tier 2 partner visa expires, i extend her visa (whic type . Please suggest) for another 3 years approx and later when she completes 5 years in UK, apply for her ILR

Regards,
Dhruv

[Amber]

She may continue with that leave and then extend as a PBS dep before it expires until such time as she completes 5 years and then can apply for settlement.

[dhruv26186]

Thanks for your response. that helps a lot

My plan is like below now.

i would apply for my ILR in JAN 2014 and my wife will continue on ICT Tier 2 - Dependent VISA until end of March 2015 (when her ICT tier 2 - dependent VISA expires)

Before March 2015, i would need to apply for my wife's visa as PBS dependent. (Kindly note, From JAN 2014 onward i would be on ILR)

-Which form to use for her application? please suggest
- Life in in the UK test is not required for her at this stage. Please confirm
- How long that PBS dependent VISA would be valid. 2 years or 3 years or 4 years?

In JAN 2015, i would apply for Citizenship. Wife would continue with her Tier 2 ICT dependent VISA till March 2015 and from March 2015 till X years, she would continue as PBS dependent.

In 2018 somewhere when she completes the 5 years in UK, she can apply for ILR

- This would require her to go through the Life in the UK test. Please confirm.


Kindly verify above and confirm if that's within the immigration rules?

Regards,
Dhruv

[vinny]

Which form to use for her application? please suggest

dep

- Life in in the UK test is not required for her at this stage. Please confirm

Correct (319C).

- How long that PBS dependent VISA would be valid. 2 years or 3 years or 4 years?

319D.

In 2018 somewhere when she completes the 5 years in UK, she can apply for ILR

- This would require her to go through the Life in the UK test. Please confirm.

Correct (319E).

[dhruv26186]

Thanks for all responses.

I have read so much about FLR - M form. Can you please let me know if i need to use that form for my wife's extension before her current leave expires in 2015? or the PBS dependent?

what would be the most appropriate category to apply/extend my wife's VISA (after i get my ILR in JAN 2014)

Regards,

[dhruv26186]

Any update on this?

[dhruv26186]

Hi there,

I have just now receieved the ILR (JAN 2014). My wife is in UK since Sept 2013 on dependent VISA which will expire in March 2015.

My questions are

- When i would applied for Citizenship in JAN 2015, Can in include my wife in that as a dependent?
- If not, Do i need to extend my wife's VISA until Sept 2018 (5 years from Sept 2013) using FLR M form and then need my wife to apply for ILR and then apply for Citizenship in Sep 2019?

- what would be be easiest and cheapest VISa option to let my wife remain with me in this country?

Regards,
Dhruv

[vinny]

No. Wife requires ILR prior to naturalisation. See also similar question.

[dhruv26186]

Thanks Vinny,

So under which category i need to extend my wife's VISA and when?

Please note,her current VISA is Tier 2 ICT Dependent which is due to expire in March 2015 and i am on ILR now.

Regards,
Dhruv

[vinny]

She may continue with that leave and then extend as a PBS dep before it expires until such time as she completes 5 years and then can apply for settlement.

[dhruv26186]

Thanks for your response.

Which form to be used for? please suggest.

Regards,
Dhruv

[vinny]

She may continue with that leave and then extend as a PBS dep before it expires until such time as she completes 5 years and then can apply for settlement.

Please click on any given links for further information. Links are in blue colour and underlined.

[ilrindian]

I have few questions, can some one clarify please, I have been seeing Vinny's response for many clarifications.

I got ILR only for me. My family (wife and 2 kids) are in India since Nov 2012. They were here in UK for more than 2 years during my 5years stay. They now have T2 ICT dependent visa till Aug 2014. Because I am now moved from T2 ICT to ILR, will they loose their ICT dependent status? I am planning to bring them to UK now. What would be the best option?

1/ Can they travel to UK now using their ICT dependent visa? Can I wait till Aug 2014 and then apply for ILR dependent for them?

2/ do I need to apply ILR dependent now itself before travel from India? If I apply NOW ILR dependent for them from India, which form should I use?

3/ Are they eligible for ILR direcly NOW from India (or coming to UK and while applying before Aug 14 ICT dependent expiry) as they have lived in UK already for 2 years?

Thanks in advance.

[raja1382]

Hi Dhruv,

any luck with your question on spouse visa form pls.

i am also in similar situation.

can you let me know whether you have used FLR (M) or PBS dependant form?

[vishwas1011]

Hi Vinny / Amber
i seem to have a similar case.
Got my ILR in month of Feb 2015, prior to which I was on Tier 2 General which was sponsored by my company and my wife/son on Tier 2 Partner and Tier 2 Child.
After getting my ILR i left the company and went back to india along with wife and son, in this case my company would have cancelled my Certificate of sponsorship.
am back in UK now alone and have got a job which starts next month.

Will my wife and son be able to travel on the Tier 2 Partner and Tier 2 Child or is that visa no longer valid as I am no longer on Tier 2 and moved to ILR

am wanting to get them her asap, a response would be much appreciated

regards
Vishwas J

[vishwas1011]

had emailed ukbv and got a response saying that their visas are still valid, reporting back for the benefit of those who are in similar situations

regards
Vishwas J

Hi Vinny / Amber
i seem to have a similar case.
Got my ILR in month of Feb 2015, prior to which I was on Tier 2 General which was sponsored by my company and my wife/son on Tier 2 Partner and Tier 2 Child.
After getting my ILR i left the company and went back to india along with wife and son, in this case my company would have cancelled my Certificate of sponsorship.
am back in UK now alone and have got a job which starts next month.

Will my wife and son be able to travel on the Tier 2 Partner and Tier 2 Child or is that visa no longer valid as I am no longer on Tier 2 and moved to ILR

am wanting to get them her asap, a response would be much appreciated

regards
Vishwas J

[vinny]

Unfortunately, there is at least one poor decision to the contrary.