Tier 2 General to ILR

[Nimo007]

Hi

My wife has tier 2 general Visa, is there a rule that if you stay more than 180 days outside UK during 5 years you cannot apply for ILR?

Nimo

[CR001]

Yes. Any absence of 180 days or more in any 12 month cycle breaks continuity of residence.

This however DOES NOT apply to PBS dependents.

[Nimo007]

hi

so if i understand correctly every year you can stay 179 days outside UK not more than that to get ILR right?
and for PBS dependent, is he also eligible for ILR, let's say if i get general dependent VISA now, am i eligible for ILR as well?

Nimo

[CR001]

so if i understand correctly every year you can stay 179 days outside UK not more than that to get ILR right?

Correct. An employer letter will be required for all absences.

and for PBS dependent, is he also eligible for ILR, let's say if i get general dependent VISA now, am i eligible for ILR as well?

Not with your spouse no. You require 5 years residence as PBS dependent before you can apply for ILR.

[Nimo007]

Hi
Background
I came to UK on ICT Tier 2 long term Visa
BRP start date 15th February, 2016
BRP end date 2nd March 2018
My wife and son came here as dependent on 12th June 2016
My wife later got Tier2 general Visa from her employer
BRP start date 19th Dec,2016
BRP end date: 15th January 2020 which will be extended for another 2 years later
My query is
1. When can my wife apply for ILR?

[CR001]

1. When can my wife apply for ILR?

December 2021. She needs 5 years residence as Tier 2 General visa holder.

[Nimo007]

1. When can my wife apply for ILR?

December 2021. She needs 5 years residence as Tier 2 General visa holder.

2. Is my wife eligible for ILR after 5 years complete stay on general Visa which should be 18th Of December, 2021? as her total 5 years stay in UK will complete on 11th June, 2021. Will there be cooling off period apply for her after 11th June, 2021 and that stops her to apply for ILR?

[CR001]

2. Is my wife eligible for ILR after 5 years complete stay on general Visa which should be 18th Of December, 2021? as her total 5 years stay in UK will complete on 11th June, 2021. Will there be cooling off period apply for her after 11th June, 2021 and that stops her to apply for ILR?

December 2021. She cannot combine time spent as a PBS dependent to the Tier 2 General main visa time to make up 5 years. She needs 5 years on Tier 2 General.

Will there be cooling off period apply for her after 11th June, 2021 and that stops her to apply for ILR?

I don't understand what you are asking about with this question.

[Nimo007]

2. Is my wife eligible for ILR after 5 years complete stay on general Visa which should be 18th Of December, 2021? as her total 5 years stay in UK will complete on 11th June, 2021. Will there be cooling off period apply for her after 11th June, 2021 and that stops her to apply for ILR?

December 2021. She cannot combine time spent as a PBS dependent to the Tier 2 General main visa time to make up 5 years. She needs 5 years on Tier 2 General.

Will there be cooling off period apply for her after 11th June, 2021 and that stops her to apply for ILR?

I don't understand what you are asking about with this question.

I understand she cannot combine the duration. My doubt is, I guess cooling off period is there after total 5 years stay in UK and her 5 years total stay including ICT dependent and General main Visa holder coming to an end (june 2021)before she is eligible to apply for ILR which is in December, 2021. So I am not sure if she can continue stay in UK till 2021 December. Kindly let me know

[CR001]

You are confusing things completely.

Cooling off period is not applicable in what you have described. It is ONLY relevant to changing from ICT to Tier 2 G or applying for a new Tier 2 General entry clearance if a Tier 2 migrant mistakenly leaves the UK and thinks he has to apply from home country.

Forget about her ICT dependent visa, it is not relevant anymore so I am not sure why you keep mentioning it. It is a different visa category with different rules to Tier 2 General. Also not sure why you keep mentioning June 2021??

My wife later got Tier2 general Visa from her employer
BRP start date 19th Dec,2016
BRP end date: 15th January 2020 which will be extended for another 2 years later

She is allowed a maximum of 6 years on Tier 2 General.

[Nimo007]

thanks for clarifying, so cooling off not applicable for my spouse. Few more quires i have
1. if my spouse get ILR, can i be her dependent again after she gets ILR? once she gets ILR is she and her dependent eligible for public fund?
2. if I change my Visa to dependent now, am i eligible for ILR after 5 years stay as dependent?
3. if she gets ILR by 5 years and i switch to her dependent again post she gets ILR, is that anyway affect my application towards ILR?

Nimo

[CR001]

1. Yes you can. If you want to be a PBS dependent, you must apply for this before she gets ILR and you can continue on PBS dependent till you qualify for ILR but only if she gets ILR based on tier 2. If you apply to be her dependent after she gets ILR, you have to apply for a spouse settlement visa which are different rules. Once she has ILR she can claim benefits but you cannot.

2. Yes

3. You need either 5 years as PBS dependent or 5 years as spouse of ILR person.

[Nimo007]

1. Yes you can. If you want to be a PBS dependent, you must apply for this before she gets ILR and you can continue on PBS dependent till you qualify for ILR but only if she gets ILR based on tier 2. If you apply to be her dependent after she gets ILR, you have to apply for a spouse settlement visa which are different rules. Once she has ILR she can claim benefits but you cannot.

2. Yes

3. You need either 5 years as PBS dependent or 5 years as spouse of ILR person.

just one query on point 3, can i combine these two? let's say 4 years as PBS dependent and 1 year as ILR dependent for my spouse and apply for ILR for myself? I am asking because what could be suitable option for me as my spouse already in general Visa for last 1 year so if i switch to dependent now i can only be dependent for next 4 years before she gets ILR.

[CR001]

just one query on point 3, can i combine these two? let's say 4 years as PBS dependent and 1 year as ILR dependent for my spouse and apply for ILR?

No you cannot.

I am asking because what could be suitable option for me as my spouse already in general Visa for last 1 year so if i switch to dependent now i can only be dependent for next 4 years before she gets ILR.

If your spouse applies for ILR based on the 5 year PBS route, you can continue to extend your PBS dep visa till you qualify for ILR, the rules permit this.