Tier 2 to GTV (ILR eligibility and Dependent visas query)

[BravoCharlie]

Dear all,

I am on my Tier 2 visa currently and I have three dependents. My 3-year visa expires in Oct 2023.

i am considering switching to GTV and have the following questions:

1. I want to ensure that my GTV visa starts immediately after the expiry of my current Tier 2 visa. When should I apply for switching to GTV?

2. If I want to apply for ILR after staying 1 year on GTV, will my dependents need to extend their visas twice in order to be eligible for ILR after 5 years stay? (1st extension (1 year) together with me when our current visas are near expiry in Oct 2023 and another extension of 1 year when I am applying for ILR after 1 year of GTV?

3. Is it possible that we all apply for 2 year GTV(+GTV dependents) but after 6 months/1 year, I switch to ILR? Will that affect the 2 year GTV dependent visa of my dependents?

Many thanks

[CR001]

1. I want to ensure that my GTV visa starts immediately after the expiry of my current Tier 2 visa. When should I apply for switching to GTV?

A new visa will be a valid from date of approval. It is not simply tagged onto the current expiry date. That's not how it works.

2. If I want to apply for ILR after staying 1 year on GTV, will my dependents need to extend their visas twice in order to be eligible for ILR after 5 years stay? (1st extension (1 year) together with me when our current visas are near expiry in Oct 2023 and another extension of 1 year when I am applying for ILR after 1 year of GTV?

You haven't stayed when the dependents visa were issued. If they apply with you, you will all get the same length extension. Once you have ILR, any extension they apply for will be a 3 year extension. You cannot choose a lesser time.

3. Is it possible that we all apply for 2 year GTV(+GTV dependents) but after 6 months/1 year, I switch to ILR? Will that affect the 2 year GTV dependent visa of my dependents?

You apply for ilr does not affect their visas. They simply continue on their pbs dependent visas until they qualify for ilr.

[BravoCharlie]

Dear CR001,

Many thanks for your prompt response. It's very helpful. Just a couple of follow up questions:

1. I want to ensure that my GTV visa starts immediately after the expiry of my current Tier 2 visa. When should I apply for switching to GTV?

A new visa will be a valid from date of approval. It is not simply tagged onto the current expiry date. That's not how it works.

If I and my dependents (who got their PBS dependent visas the same time as my Tier 2 visa) get our 2-year GTV (GTV-dependent visas) a few weeks before our current 3-year Tier 2 (and dependent) visas expire, would that mean my dependents will not be eligible for ILR after their new GTV dependent visa expires after 2 years since they will be short of their 5-year eligibility rule for ILR by a few weeks?

2. If I want to apply for ILR after staying 1 year on GTV, will my dependents need to extend their visas twice in order to be eligible for ILR after 5 years stay? (1st extension (1 year) together with me when our current visas are near expiry in Oct 2023 and another extension of 1 year when I am applying for ILR after 1 year of GTV?

You haven't stayed when the dependents visa were issued. If they apply with you, you will all get the same length extension. Once you have ILR, any extension they apply for will be a 3 year extension. You cannot choose a lesser time.

Thank you so much for clarifying this. So when the main applicant is switching to ILR while dependent has one year remaining in becoming eligible for ILR, the dependent still has to apply for 3-year extension and pay for 3-year IHS? What if after one year, the dependent decides to apply for ILR, will the additional IHS for 2 years be refunded?

3. Is it possible that we all apply for 2 year GTV(+GTV dependents) but after 6 months/1 year, I switch to ILR? Will that affect the 2 year GTV dependent visa of my dependents?

You apply for ilr does not affect their visas. They simply continue on their pbs dependent visas until they qualify for ilr.

Many thanks for clarifying this.

[CR001]

Re 3 year extension, yes you have to apply for 3 years and pay 3 years ihs. No ihs refund if they apply for ilr.

[BravoCharlie]

Many thanks, CR001.

Also, I am traveling back to my home country for 1 month. I will most probably get Stage 1 Endorsement completed before I travel. Can I apply for Stage 2 of GTV while I am in my home country or do I have to wait until I return to the UK and then apply for Stage 2?

[BravoCharlie]

Re 3 year extension, yes you have to apply for 3 years and pay 3 years ihs. No ihs refund if they apply for ilr.

Dear CR001,

Based on my understanding of the process, I am considering the following options. Could you please let me know if there is any issue with any of these options:

Context:

Main Applicant
Current Visa: Tier 2 (General)
Date Visa Valid from: 27/10/2020
Date of Arrival in UK: 13/01/2021
Date Visa Valid to: 26/10/2023
Upcoming Travel (overseas): 26/7/2023 - 27/8/2023

Dependants
Current Visa: PBS Dependant
Date Visa Valid from: 27/10/2020
Date of Arrival in UK: 13/01/2021
Date Visa Valid to: 26/10/2023

Option 1:

1. Main applicant applies for 1 year GTV Stage 1 (Fast Tract Route) now and get it before overseas travel finishes on 27/8/2023.
2. Main applicant applies for GTV Stage 2 on 28/8/2023 after returning to UK. Expect to get it within 2 weeks or pay for priority service to get it in 1 week. So main applicant has GTV by 15/9/2023.
3. Main applicant applies for ILR within 28 days of qualifying period i.e. 28 days before 26/10/2023. So let's say he applies on 1/10/2023.
4. Dependants are still on their PBS dependant visa which will expire on 26/10/2023. While the main applicant is applying for ILR, they apply for 3 year extension of their visa as GTV dependant.
5. Main applicant applies for citizenship in October 2025.
6. Dependants apply for ILR in October 2025.
7. Dependants apply for citizenship in October 2026.

Option 2:
1. Main applicant applies for 2 year GTV Stage 1 (Fast Tract Route) now and get it before overseas travel finishes on 27/8/2023.
2. Main applicant applies for GTV Stage 2 within 28 days of current visa expiry i.e. 28 days before 26/10/2023. So let's say he applies on 1/10/2023.
3. Dependants also apply at the same time for GTV dependants (2 years).
4. Main applicant and dependants apply for ILR together in October 2025.
5. Main applicant and dependants apply for citizenship in October 2026.

My main concern is with both options is that if we apply within 28 days of our current visa expiry, the processing time can be longer than 28 days and in case of negative outcome of any of our applications, we risk becoming overstayers? Are these options too risky? Should we leave plenty of time for visa processing?

Apologies for the long and repeated posts.

[meself2]

My main concern is with both options is that if we apply within 28 days of our current visa expiry, the processing time can be longer than 28 days and in case of negative outcome of any of our applications, we risk becoming overstayers?

If you have submitted a valid application and while it's processed, your visa has expired, you're covered by what's known as "section 3C leave" - you're lawfully resident until the decision is made on your application; the conditions are the same as your last leave.

4. Dependants are still on their PBS dependant visa which will expire on 26/10/2023. While the main applicant is applying for ILR, they apply for 3 year extension of their visa as GTV dependant.

I'm not sure where did you get 3 years from; if you're applying as someone's dependant, you're usually getting the dependant visa for the duration of main visa holder; the fact itself that you applied for ILR doesn't give you the ability to extend your dependents' visa past your current leave date.
I might be incorrect and there could possibly be a correction if your ILR is approved, but I doubt that - other folks can advise.

[CR001]

I'm not sure where did you get 3 years from; if you're applying as someone's dependant, you're usually getting the dependant visa for the duration of main visa holder; the fact itself that you applied for ILR doesn't give you the ability to extend your dependents' visa past your current leave date.
I might be incorrect and there could possibly be a correction if your ILR is approved, but I doubt that - other folks can advise.

A PBS Dependent can only get a 3 year visa extension if the main PBS visa holder applies for, gets or holds ILR. This is stated in the Immigration Rules and there is no discretion for a lesser or more validity.

[meself2]

I'm not sure where did you get 3 years from; if you're applying as someone's dependant, you're usually getting the dependant visa for the duration of main visa holder; the fact itself that you applied for ILR doesn't give you the ability to extend your dependents' visa past your current leave date.
I might be incorrect and there could possibly be a correction if your ILR is approved, but I doubt that - other folks can advise.

A PBS Dependent can only get a 3 year visa extension if the main PBS visa holder applies for, gets or holds ILR. This is stated in the Immigration Rules and there is no discretion for a lesser or more validity.

Lovely, thank you!
My apologies for the misleading post then.

[BravoCharlie]

I'm not sure where did you get 3 years from; if you're applying as someone's dependant, you're usually getting the dependant visa for the duration of main visa holder; the fact itself that you applied for ILR doesn't give you the ability to extend your dependents' visa past your current leave date.
I might be incorrect and there could possibly be a correction if your ILR is approved, but I doubt that - other folks can advise.

A PBS Dependent can only get a 3 year visa extension if the main PBS visa holder applies for, gets or holds ILR. This is stated in the Immigration Rules and there is no discretion for a lesser or more validity.

Dear CR001,
Many thanks for this clarification. Could you please guide me to any official document/website which states this?

[BravoCharlie]

My main concern is with both options is that if we apply within 28 days of our current visa expiry, the processing time can be longer than 28 days and in case of negative outcome of any of our applications, we risk becoming overstayers?

If you have submitted a valid application and while it's processed, your visa has expired, you're covered by what's known as "section 3C leave" - you're lawfully resident until the decision is made on your application; the conditions are the same as your last leave.

Many thanks for this information. Very helpful.

[lolo2]

My main concern is with both options is that if we apply within 28 days of our current visa expiry, the processing time can be longer than 28 days and in case of negative outcome of any of our applications, we risk becoming overstayers? Are these options too risky? Should we leave plenty of time for visa processing?

I believe it's wise seeking endorsement now before the trip and then submit the GTV application once back in the UK. The summer holidays season has arrived and many of these institutions may (or not) operate slower than usual, so this process can take longer!

The endorsement letter is valid for three months from the date of approval. You still will be plenty of time to submit an on-time application upon arrival

What I would do is to apply for endorsement asap. Once approved, wait until a date closer to the expiry date to either submit the applications of everyone altogether for two years or for booking biometrics. The requirements to apply for GTV are not that different than any other visa e.g. skilled worker, etc.

Once GTV granted, apply for ILR within the qualifying period for the main applicant, and dependents can submit their applications in two years time within their qualifying period and by the expiry date of their leave. So they won't need to apply for any further extensions before ILR.

But again, that's just my personal view on what I would do - at the end you decide what is best for you.

[BravoCharlie]

My main concern is with both options is that if we apply within 28 days of our current visa expiry, the processing time can be longer than 28 days and in case of negative outcome of any of our applications, we risk becoming overstayers? Are these options too risky? Should we leave plenty of time for visa processing?

I believe it's wise seeking endorsement now before the trip and then submit the GTV application once back in the UK. The summer holidays season has arrived and many of these institutions may (or not) operate slower than usual, so this process can take longer!

The endorsement letter is valid for three months from the date of approval. You still will be plenty of time to submit an on-time application upon arrival

What I would do is to apply for endorsement asap. Once approved, wait until a date closer to the expiry date to either submit the applications of everyone altogether for two years or for booking biometrics. The requirements to apply for GTV are not that different than any other visa e.g. skilled worker, etc.

Once GTV granted, apply for ILR within the qualifying period for the main applicant, and dependents can submit their applications in two years time within their qualifying period and by the expiry date of their leave. So they won't need to apply for any further extensions before ILR.

But again, that's just my personal view on what I would do - at the end you decide what is best for you.

Many thanks, Lolo2. I have already applied for the Statement of Guarantee from my university. I hope to receive it shortly and immediately afterwards apply for endorsement.

For Stage 2 of the application, your approach is quite reasonable. My only concern would be if there is any risk that even after completing their two years on GTV dependent visa, they might not qualify for ILR? For example, if their 2-year GTV dependent visa is granted a few days before their current 3-year Tier 2 dependent visa expires? May be I am overthinking this and it doesn't make any sense but just want to know exactly the possible outcomes of my decision.

[CR001]

All visa routes can apply for ILR within 28 days of reaching 5 years in the UK. For PBS Dependents, the start of the qualifying period starts from the initial visa issue date.

This information is all available on the UKVI website and guidance notes!

[BravoCharlie]

All visa routes can apply for ILR within 28 days of reaching 5 years in the UK. For PBS Dependents, the start of the qualifying period starts from the initial visa issue date.

This information is all available on the UKVI website and guidance notes!

Thanks CR001. So if a dependent's visa is expiring 10 days short of the 5-year qualifying period, he/she can still apply for ILR before their visa expiry and within 28 days of their qualifying period (i.e. 5 years since their first visa was granted)? Sorry, if I am making it look more complicated than it actually is.

[CR001]

Yes!

You are overthinking.

[BravoCharlie]

Yes!

You are overthinking.

Great. Many thanks : )