ILR - Employer Absences Letter

[ahasnaini]

I will be applying for ILR in Oct/Nov 18
Details
Tier 2 Issue date: 22-11-2013
Tier 2 Extension Expiry: 14-08-2019

As I will be eligible last week of October, I plan on applying in late October or November.

My wife is on a dependent visa as follows
BRP 1
Issue: 18-12-2015
Expire: 27-11-2016

BRP 2 - Renewed with my extension
Issue: 29-09-2016
Expire: 14-08-2019

I have the following questions

• Do I need to apply for her at the same time as my ILR and add her as a dependent ?

• If No, will she able to renew her visa as a tier 2 dependent after this leave expires ?

What would be the quickest route for her for ILR & BC ?

Thanks

[CR001]

Do I need to apply for her at the same time as my ILR and add her as a dependent ?

She doesn't qualify for ILR at the same time as you, so no you cannot add her as your dependent on your application form.

If No, will she able to renew her visa as a tier 2 dependent after this leave expires ?

Yes. It will be a 3 year extension.

What would be the quickest route for her for ILR & BC ?

Apply for PBS Dep extension and then ILR when she meets the requirement in December 2020. IF you are BC at that point, once she has ILR she can apply for citizenship if she meets the spouse of BC 3 year requirements. There is no other 'quickest route'.

[ahasnaini]

Thanks, I wasn't sure whether she could just renew her visa or not, as this would be the third application
1. First when she moved here
2. Renewed as part of my renewal
3. Renewal after my ILR

But thanks for confirming.

[CR001]

1. First when she moved here

Not sure if there is a question here??

2. Renewed as part of my renewal

You are not 'renewing' but applying for ILR, a completely different application.

3. Renewal after my ILR

She can apply at any time before her visa expires in August 2019. If you are applying for ILR in person, she can book a separate appointment for her extension a couple of hours after your ILR application. However, if your ILR is refused or your application is held for further checks, she cannot apply for an extension and will also either be refused or held.

[ahasnaini]

I will apply in Oct/Nov 18 for ILR, but was planning on only renewing her application July/August 19, as I don't see much benefit in applying sooner.

Is there a limit to how long you can live on as tier 2 dependent ?

[CR001]

No there is no limit. You can apply for an extension before her current visa expires, the rules allow this if you get ILR based on PBS route 5 years residence. It will be a 3 year extension for your spouse.

[ahasnaini]

Thanks, I am planning to apply in person.
If ILR is granted, I will proceed with renewing Tier 2 for my wife, won't book it until ILR has been granted in case of issues don't want two cases on hold.

Thanks again.

[ahasnaini]

I will be applying for ILR in first week of November, I am in the process of making sure that I have all the letters I need for the application.

I have the following holidays in the last 5 years
1. Annual Paid Leave - ~125 days
2. Work Trips - ~18 days

These holidays are spread over 5 years and no risk of exceeding continuous leave limit.

My question is do I just need one letter confirming the above or the employer needs to justify separately why I was selected for work related trips ?

Thanks

[vslaser]

Hi Friends,

I have a further question to the original one posted by ahasnaini.

I will be eligible to apply for ILR in the end of Oct 2018 and my wife and children (both less than 10 yrs) will be eligible in March 2019.

If I change my visa status from Tier 2 general to ILR in oct 2018, do my wife and children need to apply for a new visa between Oct 2018 and March 2019? Their tier 2 dependent visas are valid till Nov 2019 currently.

Thanks,
Vijay

[ahasnaini]

If I change my visa status from Tier 2 general to ILR in oct 2018, do my wife and children need to apply for a new visa between Oct 2018 and March 2019? Their tier 2 dependent visas are valid till Nov 2019 currently.

Hello Vijay,

No their Tier 2 will stay valid till Nov 19 even if you are on ILR.
They can just apply for ILR in March 19 without having to get another Visa.

Thanks,
A

[vslaser]

Thanks my friend. Thats a great relief....

Regards,
Vijay

[ahasnaini]

Bump - anyone who can help with the above query ?