Tier 2 Dependent visa extension after main applicant got ILR

[aksgoel1990]

Hi all,

I am on a Tier 2 General visa since Sep 2015 and will soon be applying for ILR. My wife arrived to the U.K. later in Apr 2017 on a dependent visa and her current leave expires together with mine in Sep 2021. After that she will need to apply for an extension as her 5 years will obviously not be complete, in fact only 6 months short of it.

I am wondering if there is any complication that could arise in her extension application if I receive the ILR now - will she still be able to apply as a Tier 2 dependent next year? Can my employer refuse to grant a CoS at that time? What if I decide to change employers after my ILR - would my new employer have to sponsor her visa?

I am aware that there is also an option to apply as a ‘family member of a settled person’, but understand that would mean she needs to stay for another 5 years in the U.K. before becoming eligible for ILR, so naturally we want to avoid that route.

Has anyone else faced the same situation? I would really appreciate any guidance on this?

Thanks,
A.

[CR001]

I am wondering if there is any complication that could arise in her extension application if I receive the ILR now - will she still be able to apply as a Tier 2 dependent next year?

No complications. Yes she can apply for a PBS dependent extension next year.

Can my employer refuse to grant a CoS at that time?

You don't need a cos for your dependent to apply for an extension. She is dependent on n you not your tier 2 sponsor.

What if I decide to change employers after my ILR - would my new employer have to sponsor her visa?

No. Your employment once you have ilr is irrelevant to her eligibility to extend her visa.

Has anyone else faced the same situation? I would really appreciate any guidance on this?

Yes many, no issues. You are overthinking this completely.

[aksgoel1990]

Thank you CR001 for the swift response!

I recall that I had to provide a CoS number in the previous dependent visa application, hence my question. Does this mean I can leave that field blank / confirm there is no CoS number?

Thanks
A.

[CR001]

Your provide the last cos you had before ilr.

[aksgoel1990]

Very clear, thanks a lot!

[maxoizs]

I wasn't convinced about the answer till I found it here from homeOffice
https://www.whatdotheyknow.com/request/ ... xtension_w
with reference to guidance
https://assets.publishing.service.gov.u ... -v18.0.pdf
Page 30.