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Will switching affect ILR Tier 2 General to Tier 2 Dependent

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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suz Cooper
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Will switching affect ILR Tier 2 General to Tier 2 Dependent

Post by suz Cooper » Tue Apr 25, 2017 11:47 am

Hellow,

I been living in UK on Tier 2 General from Aug 2014- Till now (April 2017). My wife is also having a Tier 2 general visa.

I am planning to switch to Tier 2 dependent visa from June 2017.
Will this affect my ILR? Will this switching reset the ILR clock?

Thanks in Advance,

Kind Regards,
Suz

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CR001
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Re: Will switching affect ILR Tier 2 General to Tier 2 Depen

Post by CR001 » Tue Apr 25, 2017 11:52 am

Will this affect my ILR?
Yes
Will this switching reset the ILR clock?
Yes

You cannot combine the two visa categories to make up 5 years. You need 5 years as main T2G visa holder OR 5 years a PBS Dependent.
Char (CR001 not Casa)
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suz Cooper
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Re: Will switching affect ILR Tier 2 General to Tier 2 Depen

Post by suz Cooper » Tue Apr 25, 2017 12:44 pm

Thank you for the information.

Regards,
Suz

suz Cooper
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Re: Will switching affect ILR Tier 2 General to Tier 2 Depen

Post by suz Cooper » Tue Apr 25, 2017 1:17 pm

I came to UK in Aug 2008 on Tier 2 visa and was on the same visa Till Nov 2011. In between, there was a period of 5months were I didn't had a visa and was in my home country.

From May 2012 - Aug 2012, again there was a gap and I was in my home country.

From Aug 2012 till Aug 2014 I was on Tier 2 PSW visa.

Now, from Aug 2014 till Sept 2018 I have T2G Visa.

The total number of days, I was out of the country till now is less than 540 days and also less than 180days in a calendar year.

My question is, if I stay in UK till Aug 2018 (which would be 10 years from Aug 2008), will I be able to use the 10 year long residence route for ILR?

Kind Regards,
Suz
Last edited by suz Cooper on Tue Apr 25, 2017 1:25 pm, edited 1 time in total.

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CR001
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Re: Will switching affect ILR Tier 2 General to Tier 2 Depen

Post by CR001 » Tue Apr 25, 2017 1:24 pm

Are you sure your visa categories are correct for 2008-2011 and 2012 - 2014???

On what date did you APPLY for the visa you got in April 2012?
Char (CR001 not Casa)
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suz Cooper
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Re: Will switching affect ILR Tier 2 General to Tier 2 Depen

Post by suz Cooper » Tue Apr 25, 2017 1:31 pm

Aug 2008- May 2011 - I was on Work Permit, I think at that time Tier 2 was not introduced. I was doing PhD and working as a university staff, that's the reason I was in work permit and since I got PhD degree I was able to apply for PSW.

Aug 2012- Aug 2014 - I was on PSW

Aug 2014 - Till end of 2018 - T2G

I applied in April 2012 for PSW and got visa for Aug 2012.

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Re: Will switching affect ILR Tier 2 General to Tier 2 Depen

Post by Djsuccess » Tue Apr 25, 2017 7:01 pm

suz Cooper wrote:I came to UK in Aug 2008 on Tier 2 visa and was on the same visa Till Nov 2011. In between, there was a period of 5months were I didn't had a visa and was in my home country.
if you didn't have visa for 5 months when you were in your home country, then that period can not be counted for you.

From May 2012 - Aug 2012, again there was a gap and I was in my home country. what visa were you on when you were away? if None, then you can not claim this period as well

From Aug 2012 till Aug 2014 I was on Tier 2 PSW visa. it appears this is when your continuous period of stay will start counting

Now, from Aug 2014 till Sept 2018 I have T2G Visa.

If I may ask, why do you want to change from T2 general to T2 Dependent?
The total number of days, I was out of the country till now is less than 540 days and also less than 180days in a calendar year.

My question is, if I stay in UK till Aug 2018 (which would be 10 years from Aug 2008), will I be able to use the 10 year long residence route for ILR?

Kind Regards,
Suz
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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CR001
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Re: Will switching affect ILR Tier 2 General to Tier 2 Depen

Post by CR001 » Tue Apr 25, 2017 7:50 pm

If you left the UK with a valid visa and then returned with a valid visa within 180 days, then your continuous residence is NOT broken for ILR based on 10 years long residence

See page 14, example 2 in the link below.

https://www.gov.uk/government/uploads/s ... -v15_0.pdf
Char (CR001 not Casa)
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