Should I wait till priority visas are available?

[aravindrajagopal]

Hi everyone.

I am due to apply ILR via the 10 year route. My current Tier 2 work permit expires in 14th June 2020. At the moment the application just gives me the option for standard application but I was hoping to apply with the priority service to get a result sooner.

The covid 19 guideline on gov.uk allows leave to be extended till 31 July; but does rhis apply in my case and can I apply after the 14th of June without being considered as overstaying?

Thanks and Regards

Aravind

[CR001]

The extension till 31st July is only for those who are unable to leave the UK du to travel bans and have expiring or expired visas.

You must apply for ilr before your visa expires, assuming you meet all the 10 year ilr requirements, counted from the date you entered the uk.

Your wife also just apply for FLR M before her visa expires and meet all the requirements.

immigration-for-family-members/looking- ... l#p1813500

[aravindrajagopal]

Hi Char

Thanks for the reply. Helpful and prompt as always. I guess it is the only option then. I will wait for another week to see if there are any updates on the priorityvisa service but I have a feeling I am being too optimistic.

Thanks once again.

Regards

Aravind

[aravindrajagopal]

Also... my wife has been on a dependent visa(tier 2) since November 2016. I initially thought her next application will be similar to her last dependant application. But it looks like she will have to apply as a dependent /partner of someone settled in the UK. Is this correct? Does this also mean that she will also have to pass the life in UK test?

This has caught me a little off guard. It looks like i was not as well prepared as I thought.

Looking forward to your replies.

[saliame]

Also... my wife has been on a dependent visa(tier 2) since November 2016. I initially thought her next application will be similar to her last dependant application. But it looks like she will have to apply as a dependent /partner of someone settled in the UK. Is this correct? Does this also mean that she will also have to pass the life in UK test?

This has caught me a little off guard. It looks like i was not as well prepared as I thought.

Looking forward to your replies.

Since you plan to apply ILR on 10 years basis your wife will have to switch to spouse visa (not ILR, no LIUK required) and her clock will be reset means the previous stay won't be counted towards her qualifying period and she will have to spend 5 years from the day she gets spouse visa, but if you get your ILR on (Tier 2) 5 years route then she can extend as a PBS dependent (not spouse visa) and the time spent for your wife will be counted towards qualifying period and she will complete her 5 years in Nov 2021 and can apply for ILR.
LIUK test is required irrespective of type of ILR or at least for most of the routes leading to it.

[CR001]

Also... my wife has been on a dependent visa(tier 2) since November 2016. I initially thought her next application will be similar to her last dependant application. But it looks like she will have to apply as a dependent /partner of someone settled in the UK. Is this correct? Does this also mean that she will also have to pass the life in UK test?

This has caught me a little off guard. It looks like i was not as well prepared as I thought.

Looking forward to your replies.

She cannot apply for a PBS dependent visa if you apply for ilr based on long residence. The rules do not allow it. She has to switch to FLR m and it will reset her 5 year ilr clock to zero. She needs to meet the English requirements and the financial requirement of £18,600pa with a minimum of 6 months payslips and bank statements. The financial requirement is more if you have non British children

Not sure why you are surprised, you were clearly advised of this in August last year when you ask per the link I have already posted above.

Liuk test is ONLY required for ilr, not for FLR M.

Her existing visa can only be extended if you apply for ilr based on 5 years tier 2 general (not tier 2 ICT).

[aravindrajagopal]

Hi Saliame

Thanks for the reply. I am using the 10 year route and I had initially believed that the wife will need to go through the FLR - M route but came across the the ILR route and got a little confused and panicky today. Thought it best to ask just in case and your answer has provided some much needed reassurance.

Appreciate the help.

Regards

Aravind

[aravindrajagopal]

You are correct Char. I just saw your previous response from that post. I guess getting closer to the visa renewal and the whole covid lockdown situation has resulted in me not thinking straight. But i understand now and am sorry for any inconvenience caused. Once again, I really appreciate the guidance you have all provided.