Tier 2 Dependant switching to Tier 2

[kumar114]

Hi,
My wife(dependant) is planning to switch to Tier 2.
I know that the applicant has to apply from home country.
But one solicitor told me that it is going to change soon. The dependant no longer has to go back home country to apply. Is this true?

Kind Regards
Kumar

[CR001]

Unless your 'solicitor' provides you with official evidence of this potential change, then no, it has NOT changed nor been announced as a possible change.

[kumar114]

Unless your 'solicitor' provides you with official evidence of this potential change, then no, it has NOT changed nor been announced as a possible change.

@CR001
Got that and thanks...

[kumar114]

Hi,
I have one question.
If my wife switch from Tier 2 Dependant to Tier 2 VISA, and I become her dependant, can't I apply for ILR? Dependant cannot apply before main applicant apply for ILR? Is that the case?

Kind Regards
Kumar

[CR001]

If my wife switch from Tier 2 Dependant to Tier 2 VISA, and I become her dependant, can't I apply for ILR?

On what basis, 5 years residence??? No you cannot. You need 5 years residence as a PBS dependent to qualify for ILR with your partner or after your partner who is the main PBS visa holder already has ILR. You cannot apply for ILR on your own if your partner does not apply for ILR for 5 years residence.

Dependant cannot apply before main applicant apply for ILR? Is that the case?

Correct, for ILR based on 5 years PBS route.

[kumar114]

If my wife switch from Tier 2 Dependant to Tier 2 VISA, and I become her dependant, can't I apply for ILR?

On what basis, 5 years residence??? No you cannot. You need 5 years residence as a PBS dependent to qualify for ILR with your partner or after your partner who is the main PBS visa holder already has ILR. You cannot apply for ILR on your own if your partner does not apply for ILR for 5 years residence.

Dependant cannot apply before main applicant apply for ILR? Is that the case?

Correct, for ILR based on 5 years PBS route.

@CR001 Thank you..
So under 10 year residence, I can apply before main applicant gets ILR?

[CR001]

I answered your questions based on 5 years residence and tier 2 or tier 2 dependent as you have posted in the tier 2 sub forum.

If you are seeking general possible options, you need to state exactly what you would like to know,

All visas count for ILR based on long residence provided you meet all the requirements. There are no 'dependent' aspects for ILR LR.