Tier 2 General Dependent Visa or ILR

[Shridhar26]

I am new to this site. Apologies if this is already covered in some other discussion thread. I couldn’t find any which will help me for below query. I tried posting it in other conversation but couldn't get reply.

I am an Indian citizen working in UK, on Tier-2 general Visa. I am eligible for ILR on Mid of Feb 2019. I also need to apply for Spouse Visa (she was working in India till now).

Choice 1: Apply for ILR on February with super priority visa and wait for the decision to be made(Max 10 days?). Once ILR is received, apply for Spouse Visa.
But if ILR gets delayed for more than 2 months, My spouse need to wait until my ILR is confirmed. I can’t travel to India and my spouse cant travel to UK until the visa is confirmed.

Choice 2: Apply for Spouse Visa. Wait for the spouse to reach UK. Apply for ILR and dependent visa together in UK.
But If Spouse visa gets delayed for 6 months then I cannot apply for ILR until spouse visa is complete. If spouse visa gets delayed, I can’t apply for ILR.

I also saw in some links that dependent visa is getting delayed quite long(sometimes 8 months). Some links show that ILR is also getting delayed.

I am planning to apply for ILR on Feb 16th under super premium visa(i.e. same day decision) . And saw some links which say that ILR Same day decisions will be available until only January.

Can we apply for same day decisions(Or at-most Max 5 Days decision) based on latest changes in Feb 2019 or is it closed?
If ILR can be done with a maximum of 1 month(Super Priority Visa), then I will go with choice 1.

Can any suggest which is the safest option?

[CR001]

There is no longer a same day decision service for SET O ILR.

If you apply for a tier 2 dependent visa now for your spouse, you have to pay the full price and IHS and the visa will only be valid for the same period as your visa. No English requirement and only £630 maintenance funds for 90 days required. Cheaper visa.

Alternatively, just wait till you get ILR and apply for a spouse settlement visa. This requires English A1 and you have to meet the financial requirement.

Note that IHS fee will be double soon, date still to be confirmed.

[Shridhar26]

There is no longer a same day decision service for SET O ILR.

If you apply for a tier 2 dependent visa now for your spouse, you have to pay the full price and IHS and the visa will only be valid for the same period as your visa. No English requirement and only £630 maintenance funds for 90 days required. Cheaper visa.

Alternatively, just wait till you get ILR and apply for a spouse settlement visa. This requires English A1 and you have to meet the financial requirement.

Note that IHS fee will be double soon, date still to be confirmed.

Thank you for reply,
My tier 2 general visa is valid till 2020 March(6 years). I am eligible for ILR in February 2019 (5 years). If I am on tier 2 general, my parent company will process dependent visa.
Hence no issues in payment for dependent visa.

My worry is, which one could be safest route so that her visa doesn't get stuck with pending decision due to latest changes in visa processing? Depending upon ILR dependent or Tier 2 general dependent visa delays. I heard some people saying ILR dependent visa gets delayed compared to tier 2 general dependent visa.

Also once I bring my spouse as tier 2 general dependent in UK. Her visa expiry date will be till 2020 march on basis of my tier 2 general visa expiry date. If I change my visa to ILR in Feb 2019, do I need to change her visa as well during same time of my ILR application? Or can I wait till 2020 Mar as per her visa expiry date?

[CR001]

due to latest changes in visa processing?

What changes exactly are you referring to??

If she gets a PBS Dependent visa and you get ILR, there is NO reason she has to change to ILR Dependent and can continue to extend her PBS dependent visa.

If you get ILR first, you cannot sponsor her for a PBS Dependent visa.

Also note that it is not called 'ILR dependent'. It is a spouse settlement visa.

[Shridhar26]

due to latest changes in visa processing?

What changes exactly are you referring to??

If she gets a PBS Dependent visa and you get ILR, there is NO reason she has to change to ILR Dependent and can continue to extend her PBS dependent visa.

If you get ILR first, you cannot sponsor her for a PBS Dependent visa.

Also note that it is not called 'ILR dependent'. It is a spouse settlement visa.

Thank you, please ignore my statement "as per latest changes in visa processing". Since I saw many people dependent visa getting delayed in the forum. I wanted to check which could be that safest way to go for dependent visa based on options that I have now. I understand delays will vary based on person to person.

[Shridhar26]

Hi,
In continuation of my situation as i explained previously.

I applied for the PBS dependent(Tier 2 General Dependent) visa for my spouse who is in India (expecting visa by 22-Feb-2019).
My Tier 2 General Visa expires on Feb-2020(6 Years Completion).
She will get "PBS dependent visa" with expiry date as Feb-2020.
I am already eligible to apply for ILR now.

My questions,
1) Can i apply for ILR before she enters UK (She has one month to travel from the day she receives Visa in India)
2) I understand that I can continue with her PBS Dependent Visa. Since my tier 2 general visa will expire on 2020(6 years completion), can she continue with same dependent visa for next 5 years(untill 2024)?
3) Is there any good reason to move her to Settlement Dependent Visa?

[Shridhar26]

Hi All, Can anyone please help.

[CR001]

1. I would suggest wait until a) she actually receives her visa and b) till she is in the UK.

2. Yes she can continue with PBS Dependent visa, provided you get ILR based on 5 years Tier 2.

3. Not really but it is your choice.

[Shridhar26]

Ok thank you.
She has got visa and travelling in 2 weeks.
I will wait for her arrival in UK and will apply for ILR.

[Shridhar26]

Ok thank you.
She has got visa and travelling in 2 weeks. (16 Mar)
I will wait for her arrival in UK and will apply for ILR.

One last query,
Now, Can I schedule for ILR appointment after 16 Mar.
So that I can find appointments. After she comes here, I can easily attend appointment.
Sorry, I don't know how these systems are connected with each other. Wanted to confirm.

[Shridhar26]

Hi Guys, Can anyone update on my last query.

[Shridhar26]

Hi All, Thank you. I got my ILR approved today. I got decision mail on the same day as Sopra Appointment date.