advice on ILR application after Tier 2

[giraffely]

Hi!

Going through some immigration changes now, so thought of clarifying....

My spouse has been in the UK legally since 2014. They first came on a Tier 4 visa. I came to the UK in 2017 on a Tier 4 visa, and while here we got married. I got admission for further studies in 2018 and my spouse had also just finished their studies, so instead of doing the tricky thing of waiting for see when they would get job etc, they applied to be my dependent and now it is going on. Right now, I got sponsorship for a T2 job until 2027. If my spouse becomes my dependent on this T2 application, they will also be eligible for applying for ILR through the 10-year route in 2024. Am I right?

Can I apply for ILR along with my spouse in 2024 or can I do that only after completing 5 years on my T2? If my spouse shifts their citizenship, can I apply alongside? Or is that possible only after I complete time on my T2? Thanks!

[CR001]

If my spouse becomes my dependent on this T2 application, they will also be eligible for applying for ILR through the 10-year route in 2024. Am I right?

Correct, if she meets the requirements

Can I apply for ILR along with my spouse in 2024

No.

or can I do that only after completing 5 years on my T2?

Yes or 10 years long residence if you meet the requirements.

If my spouse shifts their citizenship, can I apply alongside?

No.

Or is that possible only after I complete time on my T2?

You need ilr before you can apply for citizenship.

[giraffely]

Thanks!

Is there any better way of going about our immigration status currently to make all these applications simpler? We couldn't think of anything else but not being able to apply as a spouse for ILR/ citizenship....will that cause any issues?

[CR001]

There is no shortcut or simpler route to speed things up.

If she applies for ilr based on 10 years long residence, you cannot apply too. Long residence is an individual application and each person applying on their own formuat meet the requirements. Long residence ILR doesn't permit dependents to simply apply also.

You can apply for ilr when you meet the requirements, regardless of what your spouse's status is at that time and vice versa.

The only benefit to your is not waiting 12 months on ilr before you can apply for citizenship if your spouse is already British at the time you get ilr.

[giraffely]

Thanks again! I hadn't figured out the 12 month wait to shift citizenship if we ever go down that route. My spouse might just keep the ILR until I also qualify for it in five years' time and we'll take it from there.

[giraffely]

Actually small doubt again....if my new t2 is for 5 years only, will I have to apply for extension first before ILR? I don't have the details yet but if I'm new entrant, I think I may only get 3 or 4 years t2? (thanks for this forum....the rules are so many!)

[ywlgy]

Actually small doubt again....if my new t2 is for 5 years only, will I have to apply for extension first before ILR? I don't have the details yet but if I'm new entrant, I think I may only get 3 or 4 years t2? (thanks for this forum....the rules are so many!)

If you rely on the new entrant option to satisfy the salary requirement, your sponsorship and visa cannot be longer than 4 years. You will need to extend it for 1 more year without relying on the new entrant concession.

[giraffely]

Oh thanks….on my cos I thought I saw a five year period, but I must have been mistaken. I am applying under new entrant for sure because my salary is under the going rate for the sponsorship code I think…

So right now I’m getting about 8k less in the gross salary than going rate but it is acceptable due to new entrant. Does this mean in four years time, I need a gross salary that’s equal to going rate when applying? (That’s a little worrying cos there’s no way my employer is gonna give me such a pay rise so soon I think lol)

[CR001]

You need to check what your CoS duration is. If it is for 5 years, you are not considered a new entrant. You have not stated what the CoS dates are.

[giraffely]

Just checked….My cos dates said 2022 to 2027. But there was also a “y” to the new entrant question….

[giraffely]

will also say this….the hr dealing with this seemed so clueless that it was scary..they first mentioned labour market test, then something about new entrant swv being only for three years. now the cos says this….after four years, if I can’t extend my work visa, I should probably start thinking now although they said they’ll support an application or something…it’s so confusing. Thanks so much for this forum….I thought only I was going mad alone lol

[ywlgy]

If you apply with this CoS duration, UKVI will put an hold on it and ask your employer to change the duration to 4 years.
Is the job on shortage occupation list? Do you have a PhD? These can also reduce the going rate.
If not, you may try to increase your salary or move to other employers in these 4 years.

[giraffely]

Thank you! I think they will reduce the cos period….looks like they are also just learning the new rules lol