Tier 2 Dependent Extension

[sushshet]

Hi All,

Need your advise in below scenario.

Spouse on Tier 2G Visa for 5 years from 25/08/2012 to 25/09/2017
I switched from Tier 2 ICT to PBS Dependent and visa for 5 years from 28/10/2012 to 25/09/2017(same as main applicant)

Spouse would be eligible for ILR from 28/07/2017 and I would be eligible from 01/10/2017(to complete my 5 years).

I understand reading through the forum posts that If I switch to FLR(M) during my spouse's ILR application, the ILR clock would get reset for myself.In this case, will I be able to apply for another extension, considering Spouse has already got ILR by the time I complete my 5 year period?
Thanks!

[CR001]

If your spouse applies for ILR based on Tier 2 G and 5 years residence, you can continue to extend your current visa until you qualify for ILR.

Do not switch to FLR(M) for the reasons you have corrected stated.

[sushshet]

Thanks Char for quick response! In fact, I read your post from last year around the same topic for 10 year residence and extension.
But PBS dependents can keep on extending even if the main applicant is on ILR(on basis of 5 years)? Do you mind sharing a link from UKBA as I did not manage to find one. Thanks!

[sushshet]

Thanks, managed to find this http://www.immigrationboards.com/immigr ... 14832.htmland navigate from there.

[CR001]

I have bolded the bits that are relevant to you from the immigration rules.

https://www.gov.uk/guidance/immigration ... ly-members

319C. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant: or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules; or
(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant and where the applicant is applying for further leave to remain, or has been refused indefinite leave to reamin solely because the application has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant, or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

[sushshet]

Cheers Char!

[CR001]

You're welcome. Happy to answer or help with any other questions you have