Switching from Tier 2 to skilled worker for Tier 1 dependant

[janred]

Hi all,

My Tier 1 Entrepreneur visa expires in August 2024 and I will eligible for ILR (5 years) in June 2024. However, my business is not doing well so I will get the 2nd extension needed for ILR as I cannot fulfil the job creation requirements. So, me and my wife (Tier 1 PBS dependent) are applying for jobs. My wife has now found a Work sponsor so the idea is for her to switch from Tier 1 dependant to Tier 2 skilled worker and then immediately apply for ILR (as her 5 years will also be fulfilled in June 2024). Once she gets the ILR then me (Tier 1 Ent) and 2 of our dependants (PBS dependants) will directly apply for ILR. 2 questions here:

1. Can my wife switch from Tier 1 dependant to Tier 2 skilled worker and then immediately apply for ILR?
2. Can I and my dependants directly apply for ILR or need to first convert into Tier 2 dependants and then separately apply for ILR?

My biggest concern is that of encountering an ILR clock reset somewhere.

Thank you

[meself2]

1. Can my wife switch from Tier 1 dependant to Tier 2 skilled worker and then immediately apply for ILR?

No. Clock will reset.
Your wife will move from a PBS dependant route to Skilled Worker route -> new 5 years are needed.

2. Can I and my dependants directly apply for ILR or need to first convert into Tier 2 dependants and then separately apply for ILR?

Same as above.
https://www.gov.uk/indefinite-leave-to- ... ly-members

Your partner can include time they’ve spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant).

As kids (which I assume are born outside UK) will follow their less privileged parent, both parents would have to have ILR before they can get theirs, so no shortcut to their ILR either.

Main visa holders and their dependants are two different visa routes.

[janred]

Thank you. And if I (Tier 1 Ent) switch to Tier 2 skilled worker, can I directly apply for ILR immediately?

[meself2]

Thank you. And if I (Tier 1 Ent) switch to Tier 2 skilled worker, can I directly apply for ILR immediately?

Time on T1 counts for skilled worker.
https://www.gov.uk/indefinite-leave-to- ... sa/time-uk

In the 5 years you’ve lived in the UK, you can include time you’ve had on any combination of the following visas:

any Tier 1 visa - except Tier 1 (Graduate Entrepreneur)

You would need a payslip and a letter from your employer that he needs your for foreseeable future, but your time will be intact.

I'm unsure if your spouse can get ILR without switching visas (more qualified members will respond), but her time will count for this as well.

That would be the preferred option for you.

[CR001]

Thank you. And if I (Tier 1 Ent) switch to Tier 2 skilled worker, can I directly apply for ILR immediately?

You would need at least one month with a new employer to have a payslip and bank statement before you can apply for ILR.

[janred]

Thank you. And if I (Tier 1 Ent) switch to Tier 2 skilled worker, can I directly apply for ILR immediately?

You would need at least one month with a new employer to have a payslip and bank statement before you can apply for ILR.

So it appears that I need to switch to Tier 2, wait a month and then apply for ILR.

As for my dependants, I am not sure about it as the https://www.gov.uk/indefinite-leave-to- ... amily-visa does not mention this in particular. Can they apply for ILR directly after mine OR make the switch to Tier 2 with me and then apply for ILR later on?

[zimba]

Under skilled worker rules, a dependant can be under ANY dependant route for 5 years and qualify for ILR

[janred]

Thank you all for your advice. I will move into Tier 2 now and apply for ILR a month after that. My dependants will complete 5 years until June 10th 2024, so we will aim to apply for ILR all together at once.

[janred]

Hi all,

Apologies for reopening this thread but I wanted to double check before I go ahead.

I have now applied for a switch from Tier 1 Entrepreneur to Skilled worker yesterday (decision pending). I and 3 PBS dependants will complete 5 years in UK until June 10th 2024 on T1 Ent. route and hence eligible for ILR.

I am in a dilemma regarding the following:

1. Switch all 3 dependants to Skilled worker dependants and then apply for ILR all together
OR
2. I switch to Skilled worker alone, wait for a month and then apply for ILR with my dependants with them still having Tier 1 PBS visa until 30 Aug 2024.

Thank you.

[AmazonianX]

Under skilled worker rules, a dependant can be under ANY dependant route for 5 years and qualify for ILR

The advice given earlier stands.

[janred]

That is helpful, thank you. As read in other threads, I will use a Set (O) form for the ILR applications of my dependants and use the option for Skilled worker visa.