Tier 2 dependent status post main applicants ILR

[honestguy2020]

Hi Everyone,

Greetings!

I'm in the UK on Tier 2 general visa since December 2017.
My wife was on her own Tier 2 ICT visa a couple of months before I came to the UK.

She recently switched to my dependent visa and her leave to remain is until May 2023.

I'll be eligible for ILR in Dec 2022.

Question - Would my wife's leave expire as soon as I get ILR as I'm no longer on Tier 2.

May I please know what do we need to do here to make sure her leave doesn't expire. Post may 2023 anyway would look to extend /renew her visa.

Looking forward to hearing from you guys.

Kind Regards

[CR001]

Would my wife's leave expire as soon as I get ILR as I'm no longer on Tier 2.

No.

[honestguy2020]

Would my wife's leave expire as soon as I get ILR as I'm no longer on Tier 2.

No.

Thanks for your response.
Glad to hear that.
So, come may 2023 when her leave to remain will expire.
What visa application would it require for her to stay, please?

[CR001]

Skilled worker dependent visa. It will be a 3 year extsnsion.

[honestguy2020]

Skilled worker dependent visa. It will be a 3 year extsnsion.

OK, thanks.

Dont know why on some portals it is mentioned 'the dependent visa won't be valid post the main applicant has got ILR' and they'll need to apply spouse visa and the clock will reset for them.

Anyway, Thanks for your confirmation.

Kind Regards

[CR001]

That only applies to the dependents of someone who applies for ilr based on 10 years long residence. It does NOT apply to dependents of those who apply for ilr based on 5 years PBS route

You shouldn't believe everything you read in some websites. Follow the UKVI rules and website which is clear

[london2378]

I hope it's ok that I ask a follow up question because I have the same issue.
My wife has ILR and I am not yet eligible so am trying to renew my dependant T2 visa - now called "skilled worker visa".

I have been looking through the guidance on the UKVI rules and I can't find the information you mentioned. There is this guidance document which explains that family members are subject to Appendix FM (my understanding is that this means they must apply through family route), unless certain rules apply in which case part 8 applies. I looked through the various provisions and it seems to say that it's only for Tier 1 and Appendix W workers, and Tier 2 is not caught by this. Am I looking in the wrong place?
https://www.gov.uk/guidance/immigration ... ly-members

Meanwhile, I have been completing the form for the dependant skilled worker visa renewal and one thing in the application worries me- it asks whether my partner "has.. applied to work or study in the UK?" and asks what visa my partner "has applied for". It's all in present tense and doesn't seem to account for the possibility that it's a past visa and that she might not be on it anymore (because ILR and also because it is expiring very soon).
I am assuming this is just a lack of precision in the writing of this application form but I want to make sure that this is not the wrong application for me to be doing. The application I am doing is at this link under "extend or switch to your Skilled Worker visa as your partner" https://www.gov.uk/skilled-worker-visa/ ... d-children

thanks for reading.

[london2378]

To add- the application is also asking me if my wife "already has her skilled worker visa". To me this sounds like that's meant to be the one she is on right now?

[ywlgy]

I hope it's ok that I ask a follow up question because I have the same issue.
My wife has ILR and I am not yet eligible so am trying to renew my dependant T2 visa - now called "skilled worker visa".

I have been looking through the guidance on the UKVI rules and I can't find the information you mentioned. There is this guidance document which explains that family members are subject to Appendix FM (my understanding is that this means they must apply through family route), unless certain rules apply in which case part 8 applies. I looked through the various provisions and it seems to say that it's only for Tier 1 and Appendix W workers, and Tier 2 is not caught by this. Am I looking in the wrong place?
https://www.gov.uk/guidance/immigration ... ly-members

Meanwhile, I have been completing the form for the dependant skilled worker visa renewal and one thing in the application worries me- it asks whether my partner "has.. applied to work or study in the UK?" and asks what visa my partner "has applied for". It's all in present tense and doesn't seem to account for the possibility that it's a past visa and that she might not be on it anymore (because ILR and also because it is expiring very soon).
I am assuming this is just a lack of precision in the writing of this application form but I want to make sure that this is not the wrong application for me to be doing. The application I am doing is at this link under "extend or switch to your Skilled Worker visa as your partner" https://www.gov.uk/skilled-worker-visa/ ... d-children

thanks for reading.

If you are interested in going through immigration rules for info about whether SW (Tier 2 is now SW) Dep can continue to extend their visa if main applicant has got ILR, you can have a look at paragragh SW29.1(c). You shouldn't look at Appendix FM unless you want to switch to family route which will reset your own ILR clock.

You are using the correct application form. You will have to not overthink questions in the application form because the form is prepared for applicants under different circumstances.

[london2378]

thank you!