Dependent to General Tier 2 visa change

[mushyhuz]

Could some one clarify these issues for me?

1.) IF a person who has spent a 1 year on a tier 2 general dependent visa shifts to his/her own Tier 2 visa (not a dependent visa) does it RESET her/his years spent towards obtaining an ILR or are the years spent on a dependent tier 2 visa counted towards the ILR? I'm asking this because both are technically tier 2 visas and I'm not shifting from a tier 4,tier 1 visa etc.

2.) Also if the ILR clock is reset, does this also reset the 6 years maximum duration that can be spent on the tier 2 visa.

For example: Say Mr. John Smith entered the UK in Feb 2017 under a tier 2 dependent visa, he then opts to shift to a tier 2 general visa as he is offered employment in June 2018. Does this mean he is still eligible to apply for ILR in Feb 2022 or does that mean he is only eligible in June 2023?
If he isn't eligible in Feb 2022 does that mean his maximum 6 year limit ends in June 2024 or does It still limit him to continue within the country only until Feb 2023 at which point he will not be eligible to apply for an ILR?
What option does he have then?

[CR001]

1. Yes. You cannot combine dependent time with tier 2 main time to make up 5 years for ILR. They have different rules.

2. Yes, reset to a new 6 year cap.

[mushyhuz]

thanks CR0001,

Are you sure about the 6 year reset? so in the scenario posted by me, does that mean the cooling period doesn't apply either when shifting from dependent to general visa?

if this is true I'm quite relieved!

[CR001]

You are subject to the 12 month cooling period, which be the 12 months you spend on the dependent visa before applying from home country for a new tier 2 general visa which will be a new 6 year cap start.

[mushyhuz]

I'm confused.. if there was no application of a tier 2 general visa before the dependent visa.. how does that make it a cooling off period. I.e the first ever general tier 2 application is made after spending a year on dependent visa... so does that mean.. I have to wait another year after the dependent visa to reapply general tier 2

[CR001]

Misunderstanding as you have confused things.

There is no 6 year cap for a PBS dependent, do your assumption on that is wrong. The 6 year cap only applies to the main tier 2 general visa.

You still cannot combine time spent in the 2 different categories though.

[cyclina1]

Just curious, except that you have issues with your partner, thus you cannot continues as the dependent of the main applicant, for job mobility to be dependent is much higher! Why want to change? BTW,clock will be reset if you switch.

Could some one clarify these issues for me?

1.) IF a person who has spent a 1 year on a tier 2 general dependent visa shifts to his/her own Tier 2 visa (not a dependent visa) does it RESET her/his years spent towards obtaining an ILR or are the years spent on a dependent tier 2 visa counted towards the ILR? I'm asking this because both are technically tier 2 visas and I'm not shifting from a tier 4,tier 1 visa etc.

2.) Also if the ILR clock is reset, does this also reset the 6 years maximum duration that can be spent on the tier 2 visa.

For example: Say Mr. John Smith entered the UK in Feb 2017 under a tier 2 dependent visa, he then opts to shift to a tier 2 general visa as he is offered employment in June 2018. Does this mean he is still eligible to apply for ILR in Feb 2022 or does that mean he is only eligible in June 2023?
If he isn't eligible in Feb 2022 does that mean his maximum 6 year limit ends in June 2024 or does It still limit him to continue within the country only until Feb 2023 at which point he will not be eligible to apply for an ILR?
What option does he have then?

[mushyhuz]

because on a tier 2 dependent you cannot enter doctor or dentist training.

thanks for the info guys!

one last question. can the switch from dependent to general main be made inside UK? or is it a must to leave the country?

[CR001]

One last question. can the switch from dependent to general main be made inside UK? or is it a must to leave the country?

You can only apply from home country.