Settlement via Tier 2 route and dependent requirement

[ma2017]

Hi,

I am going to apply for settlement via Tier 2, 5 years route. I have been on Tier 2 continuous in last 5 years, no change to immigration or company.

My wife is with me on dependent visa

I was originally thinking of applying for myself in person and then later applying for my wife for spouse switch later on.

But i am confused now on two things:
1. Is it a must that i need to have dependents applying same time as me, as one of the arguments that can be made here is that when i will switch to ILR, she is no longer a dependent of Tier-2 General.

2. Do, i have to maintain the maintenance fund for both of us

3. Do, i have to pay for NHS for spouse, which i believe i do..

Any help on above will be great, sorry if i have come to the wrong section of the portal, as i am writing on this platform very first time.

Thanks in advance for anyone who will be sharing views/ advise

[CR001]

It would be useful if you stated your wife's visa immigration history and when she entered the UK as a PBS dependent.

1. Is it a must that i need to have dependents applying same time as me, as one of the arguments that can be made here is that when i will switch to ILR, she is no longer a dependent of Tier-2 General.

No she does not have to apply with you. She also DOES NOT have to switch to ILR dependent spouse visa. She can continue extending her PBS Dependent visa till she qualifies for ILR.

2. Do, i have to maintain the maintenance fund for both of us

ILR there is no maintenance fund. If you are extending her PBS dependent visa, then yes there is maintenance fund.

3. Do, i have to pay for NHS for spouse, which i believe i do..

Yes, a PBS dependent extension will be for 3 years. IHS will be £600.

[ma2017]

Thanks for the comments they are really helpful

Just to give previous history.

I was on PSW in 2012, and later in October 2012 it was changed to Tier -2 General

I am on Tier 2- General from 2012 onwords with same company. Got the second extension last year.

Wife joined me in 2014 as dependent of Tier -2 General and still on same with extension last year same time with me.

Reference to ,

"She can continue extending her PBS Dependent visa till she qualifies for ILR.",

i don't think she will be able to extend and secondly she will take longer to settle if she stays as dependent, as that will take 10 years route. Whereas she will when switch to spouse, she can go for ILR in 5 years. Secondly, i do not think that there will be grounds for her to apply against the same category as the Tier 2 General main applicant is no longer on Tier 2 General.

So, my understanding based on advise from yourself on first point is:

That it is not must for dependent to apply same time as main applicant who is going for ILR using the Tier -2 General 5 years settlement route

[CR001]

Unfortunately you are very mistaken!

Why do believe she has to wait 10 years for ILR?

She will qualify in 2019 as PBS dependent even if you have ILR. The rules permit her to stay on PBS dependent visa of you apply for ILR based on PBS route 5 years residence. See the rules here (click)

Switching to spouse of ILR holder will reset her clock to zero and a NEW 5 year period of 2 x 2.5 years visas.

[ma2017]

That has totally changed my perspective on this now, i will read it thoroughly and will get back.

Thank you very much for the advise, i must say it has proven out to be really helpful to come on the platform and ask the question and obviously people like yourself who are making contribution to platform.

I will dig deeper into this and will get back on this thread just so any other reader will have some useful information as well.

Thanks again

[CR001]

I will dig deeper into this and will get back on this thread just so any other reader will have some useful information as well.

Your 'situation' is not unique or rare. Many have done this and had success. It also is not anything new and has been in place for a few years already.