Tier 2 - less than 5 yrs on visa

[Leeds_user]

Hi all,

I arrived in UK in 2012 on t2ict and stayed on the same visa for few yrs.
My wife employer sponsored her in Apr 2015 to tier 2 general but I continued to be on t2ict for few months after and became her dependant in Sep 2015.
Our visa expires in Apr 2020.
My understanding is that my wife is eligible for ilr next year April but I can't as I haven't spent 5 yrs on dependent visa?
Can some one confirm please?

Also what visa can I apply to continue to live in UK after April next year assuming my wife gets ilr?

And when can I apply for ilr?

[CR001]

Correct, you don't qualify for ilr when your spouse does.

You can extend your tier 2 dependent visa for a further 3 years.

You qualify for ILR no sooner than within 28 days before the 5th anniversary of the date your tier 2 dependent visa was issued.

[Leeds_user]

Many thanks, appreciated. So I can become dependant of my wife while she will have her ilr and I can apply for ilr in Sep 2020. Is that right?

[CR001]

You simply extend your existing PBS dependent visa for 3 years.

Do NOT switch to FLR m spouse of ilr holder visa as this will reset your 5 year clock to zero.

[Leeds_user]

You simply extend your existing PBS dependent visa for 3 years.

Do NOT switch to FLR m spouse of ilr holder visa as this will reset your 5 year clock to zero.

Thanks, sorry if this is daft question but I will be on 5th year on my current dependant visa. I had assumed maximum stay on current visa can only be 5 yrs?

If I can extend for 3 more years how can it be on t2 dependant as my wife would be on her ilr?

[CR001]

Thanks, sorry if this is daft question but I will be on 5th year on my current dependant visa. I had assumed maximum stay on current visa can only be 5 yrs?

Ther is no maximum cutoff for PBS dependents. You can hold such a visa as long as you wish. The 6 year limit is for main tier 2 visa holders only.

If I can extend for 3 more years how can it be on t2 dependant as my wife would be on her ilr?

Because the rules permit it

You simply extend your existing PBS dependent visa for 3 years. The rules also state that a PBS dependent extension will be for 3 years if the main visa holder has ilr. You cannot apply for less than 3 year visa.

immigration-for-family-members/dependan ... 14832.html

[Leeds_user]

[/quote]

You simply extend your existing PBS dependent visa for 3 years. The rules also state that a PBS dependent extension will be for 3 years if the main visa holder has ilr. You cannot apply for less than 3 year visa.

immigration-for-family-members/dependan ... 14832.html
[/quote]

OK understood, so I can do that as soon as my wife's ilr is complete. Just extend my current visa by 3 more years however can apply for ilr as soon as I have completed 5 yrs on dependant visa (so I don't have to wait for 3 yrs).

Just one more question if I may
My little one was born last year. What's the process for him to get ilr / citizenship

[CR001]

You can apply for ilr when you meet the requirements yes.

If child is UK born child can be registered as British once either parent is granted ilr. UK born child does not need ilr.

[Leeds_user]

Thank you so very much for your responses. Much appreciated.

I went online on Gov.uk website just to check what option i will have to apply against and i got confused. Can you advise please what category of application i must apply against?

Regards

[CR001]

https://visas-immigration.service.gov.u ... nt-partner

[Leeds_user]

You simply extend your existing PBS dependent visa for 3 years.

Do NOT switch to FLR m spouse of ilr holder visa as this will reset your 5 year clock to zero.

Hello, can I confirm please that I should apply for extension only once my wife have had her ilr done? I am assuming I can't extend prior to that?

[CR001]

Correct.

You can apply together, but it is simpler if she has ILR first and then you apply.

She can apply within 28 days before the 5th anniversary of her initial visa issue date.

[Leeds_user]

Correct.

You can apply together, but it is simpler if she has ILR first and then you apply.

She can apply within 28 days before the 5th anniversary of her initial visa issue date.

Thanks. Can I also check please if I can initiate my wife's ilr application prior to 28 days as long as the submission of the app is within the final 28 days?

[srsw]

Thanks. Can I also check please if I can initiate my wife's ilr application prior to 28 days as long as the submission of the app is within the final 28 days?

Yes, you can start filling the application anytime you want (it's just like draft status) but don't submit & pay until it's within the 28 or less days.

[Leeds_user]

Thanks all for your helpful responses, just couple more clarifications please :

1. My understanding is that I can submit the app 4 weeks before end of 5 years from start of the tier 2 visa. Is that right?
2. My wife was on maternity leave for about 10 months, out of which for 1 month she did it get any pay at all. Is that classed under Leave without pay? And if so, should we clarify that within the employment letter as well?
3. In the actual form, there's a question regarding countries you lived in prior to UK. We spent most of the time in India but spent few days in Thailand on holidays. My understanding is that it can't be classed as country we lived in therefore I should not mention that in the ilr application form, can you confirm please?
Regards

[Leeds_user]

Just clarifying point 2:

2. My wife was on maternity leave for about 10 months, out of which for 1 month she did NOT get any pay at all. Is that classed under Leave without pay? And if so, should we clarify that within the employment letter as well?

[CR001]

Please do not use this topic to ask questions about ilr. They are irrelevant to the tier 2 sub forum and this tier 2 dependent topic.

Post ilr questions as a new topic in the ilr sub forum please.

[Leeds_user]

Apologies. Corrected

[Leeds_user]

Hi all,
Thank you for your advice, my wife received her ilr today. Can I apply for my visa extension today or will I have to wait for my wife to receive her brp?

[Leeds_user]

Hi all,
Need some urgent help please..

I just submitted my application to extend my dependant visa. I requested this extension under tier 2 pbs dependant category as mentioned above.

I think somehow I have requested a 5 year extension instead of 3 as I was asked to pay £2000 as IHS fees. Is there a way to correct this?

[CR001]

You will only get a 3 year extension.

If you have already paid, there is no way to change it now.

IHS excess paid will likely be refunded at some point.

[Leeds_user]

Thanks very much for the response. Is there any point of contacting home office to get some guidance? As far as I can see on the application there is no where to see that I have applied for xx years extension. I think once I am routed to pay the surcharge that's where there's a field (that's not very clear) that talks about less than or more than 3 yrs visa.

Also, if I am only ever going to get 3 years extension, why is there question to have an extension for 5 yrs at all? It's so confusing.

And finally, will I definitely get money back if I have payed more for the surcharge?

Thank you

[CR001]

The question related to those who have main pbs spouse who are not yet on ilr. The same form is used for all dependent extensions.

It is the immigration rules that determine your extension duration if your spouse already has ilr and the rules state it is 3 years for an extension.

You should have asked the question before submitting.

[Leeds_user]

Thanks much.

Finally, I hope my application won't be rejected due to this? And do you recommend I prepare a cover letter to confirm that I don't really need 5 year extension and it was done in error?

[Leeds_user]

Hi, are you able to advice please?