ILR Dependent

[swadhwani]

Hello All,

I am currently on Tier 2 (general) visa (details)

- I got my Tier 2 (G) visa in India which was Valid from 16/12/2010, however I entered UK after 25 days on 10/01/2011
- My wife applied for dependent visa in India in March, 2013 and travelled to UK in March 2013 and is in UK since then
- My Original VISA was valid for initial 2 years which was later extended (in same category) for both me and my wife (in the UK) and is valid until 17/01/2017. So both my and my wife's visa is valid till 17/01/2017

ILR Question

- My understanding is that as I entered UK within 90 days of date of stamping, that period will be counted for the qualifying period and therefore I can apply for ILR 28 days prior to original start of my tier 2 visa. so I can apply for ILR on or after 17/11/2015. Am I correct?
- I am going for same day application and assuming I get the ILR, what should I do for my wife's VISA. Note that her current Tier 2 (G) dependant visa is valid til Jan'2017.

Thanks,
Sail

[CR001]

1. Correct yes

2. Your wife can continue to extend her PBS Dependent visa, close to its expiry, until she meets the 5 year residence and qualifies for ILR.

[swadhwani]

1. Correct yes

2. Your wife can continue to extend her PBS Dependent visa, close to its expiry, until she meets the 5 year residence and qualifies for ILR.

Thanks, appreciate your help.

[swadhwani]

Picking up old thread as a question has come up.

- I got ( from Tier 2 G) ILR on 23 NoV'2015 and will apply for neutralisation this year on 24/11/2016.

- My wife is still on PBS dependant and her visa will expire on 17/01/2017.

Questions

1) Under what category, my wife visa be extended is I get the citizenship approval before her current visa expires.

2) if I don't get citizens approval before her current visa expires, then she should extend her current visa as PBS dependant

3) we are planning for 2 weeks breaks around Christmas ( 15 DEC to 02 Jan). I will apply for neutralisation on 24/11/2016.

- would this travel will impact my citizen ship application ?

- someone mentioned that my wife may face challane while returning from holiday on 02/01/2017 as her dependant visa at that time will be valid only for next 15 days ( until 17/01/2017).

- Also, how long her visa extension process will take.

Finally, if her current employer sponsor her a Tier 2 General visa ( as she may switch job soon), should she switch to Tier 2 G in the UK. Will doing so, reset her clock.

Thank
Sail

[CR001]

1) Under what category, my wife visa be extended is I get the citizenship approval before her current visa expires.

She can continue as PBS dep until she qualifies for ILR. Your British citizenship does not change her visa status

2) if I don't get citizens approval before her current visa expires, then she should extend her current visa as PBS dependant

See #1 above, the same applies.

3) we are planning for 2 weeks breaks around Christmas ( 15 DEC to 02 Jan). I will apply for neutralisation on 24/11/2016.

- would this travel will impact my citizen ship application ? No. Assuming you are applying through NCS.

- someone mentioned that my wife may face challane while returning from holiday on 02/01/2017 as her dependant visa at that time will be valid only for next 15 days ( until 17/01/2017). No she should not. She has a valid visa within the rules and can enter the UK on the last day of validity. Don't listen to 'someone' down the pub.

- Also, how long her visa extension process will take. Depends if she applies in person or by post.

Finally, if her current employer sponsor her a Tier 2 General visa ( as she may switch job soon), should she switch to Tier 2 G in the UK. Will doing so, reset her clock.

She is free to work for any employer, why would she want to be restricted to one sponsoring employer, it doesn't make sense. Yes, it will reset her clock to zero and she will have to wait a new 5 year period before she will qualify for ILR. She also can only apply for Tier 2 G from home country.

[swadhwani]

Great, thanks. Appreciate the quick reply. One final question.

How long does it take to extend PBS dependant visa if applying by post vs in person. Also, what are the fees

Thanks
Sail

[swadhwani]

Great, thanks. Appreciate the quick reply. One final question.

How long does it take to extend PBS dependant visa if applying by post vs in person. Also, what are the fees

Note that she would need only 14 months extension as she will comple 5 years in the uk on 10 March 2018. She first got her dependant visa in India on 10/03/2013 and entered uk on 17/03/2013. Her visa has been extended once in 2014, and current visa is valid till 17/01/2017.

Thanks
Sail

[CR001]

Applying in person is usually a decision on the day. £1164

Applying by post can take a few months. £664

https://www.gov.uk/tier-2-general/overview

Extension will be granted for 3 years.

She will also have to pay the immigration health surcharge.