Teir 2 dependent to ILR dependent switch

[viveek]

Hi,
I want to apply ILR for my wife,
She was in and out of country since 2009, I got my ILR on 2014.
My wife application to ILR was rejeted as she came on September 2012.
We were explained as per new rule she should have stayed in UK for 2 years if her application made before 09/july/2012 and 5 years if application made after 09 july 2012and she can stay with her existing PBS dependent VISA which is valid till Dec 2016.
My Question is ,
Would she can travel with PBS dependent VISA because my visa has been changed to ILR.
On which rule am I elegible to apply ILR for her,
She applied online for tier 2 dependent entry clearance on 02-july-2012 got the appointment on 05-july-2012(Submitted the document) Visa valid from 20-july-2012 and she travelled to UK on 12-Sep-2012, this entry clearance was valid till jan 2014 and extension applied in UK on Tier2 PBS dependent status which is valid till Dec-2016.

Thanks,
Vivek

[CR001]

On what basis did you get ILR (10 years long residence or 5 years PBS migrant)?

[geriatrix]

If you applied for settlement under PBS, then I believe the earlier decision to refuse your wife's settlement application may have been unlawful if you had provided evidence of cohabitation for at least 2 years between 2009 and 2014.

[viveek]

I got my ILR on after 5 years stay on Tier 2, My WIFE visa was rejected as she was not with be for 2 years from July 2012 till i applied visa on Apr 2014.


COuld you please suggest what rule she would be eligible to get ILR on 2 years rule or 5 year rule.

[viveek]

If you applied for settlement under PBS, then I believe the earlier decision to refuse your wife's settlement application may have been unlawful if you had provided evidence of cohabitation for at least 2 years between 2009 and 2014.

Hi ,
I have provided all evidence and now i am not sure on which aspect I can apply for ILR for my wife,

[viveek]

On what basis did you get ILR (10 years long residence or 5 years PBS migrant)?

I got ILR on 5 years on TIER2

[CR001]

I got my ILR on after 5 years stay on Tier 2, My WIFE visa was rejected as she was not with be for 2 years from July 2012 till i applied visa on Apr 2014.


COuld you please suggest what rule she would be eligible to get ILR on 2 years rule or 5 year rule.

I am struggling to understand your posts. Can you list the visa start and expiry dates and the dates and where visas appiled for of all your wifes visas and also the dates she entered and left the UK.

[ajity]

My Question is ,
Would she can travel with PBS dependent VISA because my visa has been changed to ILR.

Hi
Did you get answer to your above query ?

I am in same situation now and having similar queries.

I have got ILR now as PBS mingrant with 5 year route. My wife is on 'Tier 2 ICT Long Term Staff Dependent' Visa which is valid till March 2016.
Can she continue on this visa till march 2016 ?
If yes, then will her visa need to be extended as PBS dependent ? or will a new visa need to be applied under FLR (M)?
Also, can she travel outside UK while she is on current dependant visa category of 'Tier 2 ICT Long Term Staff Dependent' ?

[ajity]

My Question is ,
Would she can travel with PBS dependent VISA because my visa has been changed to ILR.

Hi
Did you get answer to your above query ?

I am in same situation now and having similar queries.

I have got ILR now as PBS mingrant with 5 year route. My wife is on 'Tier 2 ICT Long Term Staff Dependent' Visa which is valid till March 2016.
Can she continue on this visa till march 2016 ?
If yes, then will her visa need to be extended as PBS dependent ? or will a new visa need to be applied under FLR (M)?
Also, can she travel outside UK while she is on current dependant visa category of 'Tier 2 ICT Long Term Staff Dependent' ?

I have been doing some research and reading other posts. I think answers to my two queries would be -

Can she continue on this visa till march 2016 ?

Yes

If yes, then will her visa need to be extended as PBS dependent ? or will a new visa need to be applied under FLR

She can extend as PBS dependent.

If experts in this forum can confirm my understanding then it will be a great help.

And then I would need answer for last query -

can she travel outside UK while she is on current dependant visa category of 'Tier 2 ICT Long Term Staff Dependent' ?

[viveek]

I got my ILR on after 5 years stay on Tier 2, My WIFE visa was rejected as she was not with be for 2 years from July 2012 till i applied visa on Apr 2014.


COuld you please suggest what rule she would be eligible to get ILR on 2 years rule or 5 year rule.

I am struggling to understand your posts. Can you list the visa start and expiry dates and the dates and where visas appiled for of all your wifes visas and also the dates she entered and left the UK.

She initially came to UK on Aug 2009 left oct 2009 Visa valid till dec 2009.
then came again on June 2010 and left on Nov2011 visa valid till Dec 2011,
then came back on sep 2012( for which VISA was applied on 02/July/2012 was valid till jan 2014 extension applied in UK which is valid till Dec 2016). she is with be since then and i got my ILR on Mar 2014.

,

[ajity]

My Question is ,
Would she can travel with PBS dependent VISA because my visa has been changed to ILR.

Hi
Did you get answer to your above query ?

I am in same situation now and having similar queries.

I have got ILR now as PBS mingrant with 5 year route. My wife is on 'Tier 2 ICT Long Term Staff Dependent' Visa which is valid till March 2016.
Can she continue on this visa till march 2016 ?
If yes, then will her visa need to be extended as PBS dependent ? or will a new visa need to be applied under FLR (M)?
Also, can she travel outside UK while she is on current dependant visa category of 'Tier 2 ICT Long Term Staff Dependent' ?

I have been doing some research and reading other posts. I think answers to my two queries would be -

Can she continue on this visa till march 2016 ?

Yes

If yes, then will her visa need to be extended as PBS dependent ? or will a new visa need to be applied under FLR

She can extend as PBS dependent.

If experts in this forum can confirm my understanding then it will be a great help.

And then I would need answer for last query -

can she travel outside UK while she is on current dependant visa category of 'Tier 2 ICT Long Term Staff Dependent' ?

Just for update and benefit of others who may have similar queries as me.

I call UKBA and got confirmation as below -

Can she continue on this visa till march 2016 ?

Yes

If yes, then will her visa need to be extended as PBS dependent ? or will a new visa need to be applied under FLR

She can extend as PBS dependent.

can she travel outside UK while she is on current dependant visa category of 'Tier 2 ICT Long Term Staff Dependent' ?

Yes

[viveek]

I am still waiting for my original question ,
could someone please post reply for that,

[CR001]

If you applied for settlement under PBS, then I believe the earlier decision to refuse your wife's settlement application may have been unlawful if you had provided evidence of cohabitation for at least 2 years between 2009 and 2014.

Does this not answer your question?

[viveek]

No that didnt answer my question ,
I would like to know on which condition i can apply ILR now for my Wife,
So i need Set o . or set M or FLRM ,?

[CR001]

Set(O) if she meets the requirements and you have 2 years cohabitation documents, English B1, LIUK.

[vinny]

She initially came to UK on Aug 2009 left oct 2009 Visa valid till dec 2009.
then came again on June 2010 and left on Nov2011 visa valid till Dec 2011,
then came back on sep 2012( for which VISA was applied on 02/July/2012 was valid till jan 2014 extension applied in UK which is valid till Dec 2016). she is with be since then and i got my ILR on Mar 2014.

I believe her 2-year qualifying period for ILR restarted September 2012.