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Considering switch from Tier2 to Tier4 for studies, can my wife preserve 5 year streak as dependant though?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Wonderberry
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Posts: 40
Joined: Thu Apr 27, 2017 7:20 pm

Considering switch from Tier2 to Tier4 for studies, can my wife preserve 5 year streak as dependant though?

Post by Wonderberry » Sun Sep 09, 2018 1:56 pm

My family is in UK in our second year with me being Tier 2 main applicant and my wife/daughter under dependant visas. I am considering getting education, which, as I understand will entail me switching to Tier 4. I also understand that I cannot sum Tier 2 and Tier 4 years during my 5 year ILR route - is that right? And also, if I can't, maybe my dependant wife can?

Thank you!

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Considering switch from Tier2 to Tier4 for studies, can my wife preserve 5 year streak as dependant though?

Post by vinny » Sun Sep 09, 2018 2:28 pm

That's correct.

There's no ILR path under Tier 4, except at least 10 years continuous lawful residence under Long residence. If you switch back to Tier 2, afterwards, then your qualifying period of ILR under PBS will be reset.

Moreover, the question of whether your wife preserves her 5 years streak as a PBS dependant is moot, as she cannot qualify for ILR prior to the PBS Migrant, except under Long residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wonderberry
Newbie
Posts: 40
Joined: Thu Apr 27, 2017 7:20 pm

Re: Considering switch from Tier2 to Tier4 for studies, can my wife preserve 5 year streak as dependant though?

Post by Wonderberry » Sun Sep 09, 2018 3:13 pm

vinny wrote:
Sun Sep 09, 2018 2:28 pm
That's correct.

There's no ILR path under Tier 4, except at least 10 years continuous lawful residence under Long residence. If you switch back to Tier 2, afterwards, then your qualifying period of ILR under PBS will be reset.

Moreover, the question of whether your wife preserves her 5 years streak as a PBS dependant is moot, as she cannot qualify for ILR prior to the PBS Migrant, except under Long residence.
Thank you for your answer.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Considering switch from Tier2 to Tier4 for studies, can my wife preserve 5 year streak as dependant though?

Post by Djsuccess » Sun Sep 09, 2018 4:56 pm

Wonderberry wrote:
Sun Sep 09, 2018 1:56 pm
My family is in UK in our second year with me being Tier 2 main applicant and my wife/daughter under dependant visas. I am considering getting education, which, as I understand will entail me switching to Tier 4. I also understand that I cannot sum Tier 2 and Tier 4 years during my 5 year ILR route - is that right? And also, if I can't, maybe my dependant wife can?

Thank you!
Depending on the type of education and why you want it, you don't have to change to Tier 4. You can remain on Tier 2 and do a part-time course. with that, you can get your education while you continue to work full time.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Considering switch from Tier2 to Tier4 for studies, can my wife preserve 5 year streak as dependant though?

Post by vinny » Mon Sep 10, 2018 12:36 am

That's a good idea.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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