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Tier 2 dependent extension

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Yang126
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Joined: Thu May 09, 2024 11:21 am
United Kingdom

Tier 2 dependent extension

Post by Yang126 » Fri Sep 13, 2024 3:01 pm

Hi,

I have received my ILR (5-year Tier 2) today. Over the past 5 years, my husband and child have been my dependants, and my child has been living with me in the UK during this time. However, my husband is not eligible for ILR due to spending more than 180 days outside the UK each year for work.
I am planning to apply for citizenship for my child, but I need some advice regarding my husband's visa. His job is based outside the UK, which means he likely won’t qualify for ILR in the future either. Based on my research, I believe he should apply for an extension of his Tier 2 dependant visa. However, we are uncertain about his eligibility for this option. If he is granted an extension, will he be able to continue extending his Tier 2 dependant visa in the future when it expires?
Thank you in advance for your advice
Yang

meself2
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Re: Tier 2 dependent extension

Post by meself2 » Fri Sep 13, 2024 11:15 pm

Thinking out loud - maybe he can switch to family visa in this case?
That's usually bad advice, but AFAIK it has barely any, if not none, absence limits, allowing your husband to qualify for ILR in 5 years.

Other, more experienced folks, will give better advice - wait for their response.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Yang126
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Posts: 25
Joined: Thu May 09, 2024 11:21 am
United Kingdom

Re: Tier 2 dependent extension

Post by Yang126 » Sat Sep 14, 2024 7:30 am

meself2 wrote:
Fri Sep 13, 2024 11:15 pm
Thinking out loud - maybe he can switch to family visa in this case?
That's usually bad advice, but AFAIK it has barely any, if not none, absence limits, allowing your husband to qualify for ILR in 5 years.

Other, more experienced folks, will give better advice - wait for their response.
Thank you for the advice.
I am not sure if they have absence limits check when he renew/ extend his spouse visa

AmazonianX
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United Kingdom

Re: Tier 2 dependent extension

Post by AmazonianX » Sun Sep 15, 2024 2:07 pm

Yang126 wrote:
Sat Sep 14, 2024 7:30 am
meself2 wrote:
Fri Sep 13, 2024 11:15 pm
Thinking out loud - maybe he can switch to family visa in this case?
That's usually bad advice, but AFAIK it has barely any, if not none, absence limits, allowing your husband to qualify for ILR in 5 years.

Other, more experienced folks, will give better advice - wait for their response.
Thank you for the advice.
I am not sure if they have absence limits check when he renew/ extend his spouse visa
There is no absence limit checks on spouse visa route.

vinny
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Re: Tier 2 dependent extension

Post by vinny » Sun Sep 15, 2024 9:20 pm

Leave will lapse, if an absence exceeds 2 years.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Yang126
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United Kingdom

Re: Tier 2 dependent extension

Post by Yang126 » Mon Sep 16, 2024 8:47 pm

AmazonianX wrote:
Sun Sep 15, 2024 2:07 pm
Yang126 wrote:
Sat Sep 14, 2024 7:30 am
meself2 wrote:
Fri Sep 13, 2024 11:15 pm
Thinking out loud - maybe he can switch to family visa in this case?
That's usually bad advice, but AFAIK it has barely any, if not none, absence limits, allowing your husband to qualify for ILR in 5 years.

Other, more experienced folks, will give better advice - wait for their response.
Thank you for the advice.
I am not sure if they have absence limits check when he renew/ extend his spouse visa
There is no absence limit checks on spouse visa route.
Thank you for the reply. But on the government website for ILR, it says “Time in the UK if you’re on the 5 or 2 year route
You must have been living in the UK on your family visa as a partner for at least: 5 continuous years if you’re on the 5 year route”
How should we understand the meaning of "continuous" in this context?

Yang126
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Posts: 25
Joined: Thu May 09, 2024 11:21 am
United Kingdom

Re: Tier 2 dependent extension

Post by Yang126 » Mon Sep 16, 2024 8:48 pm

vinny wrote:
Sun Sep 15, 2024 9:20 pm
Leave will lapse, if an absence exceeds 2 years.
May I ask if you are referring to indefinite leave to remain (ILR) or a spouse visa?

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CR001
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Re: Tier 2 dependent extension

Post by CR001 » Mon Sep 16, 2024 9:00 pm

Yang126 wrote:
Mon Sep 16, 2024 8:48 pm
vinny wrote:
Sun Sep 15, 2024 9:20 pm
Leave will lapse, if an absence exceeds 2 years.
May I ask if you are referring to indefinite leave to remain (ILR) or a spouse visa?
Have you clicked the linked provided?? Key is the word "lapse"!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Yang126
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Posts: 25
Joined: Thu May 09, 2024 11:21 am
United Kingdom

Re: Tier 2 dependent extension

Post by Yang126 » Mon Sep 16, 2024 10:25 pm

CR001 wrote:
Mon Sep 16, 2024 9:00 pm
Yang126 wrote:
Mon Sep 16, 2024 8:48 pm
vinny wrote:
Sun Sep 15, 2024 9:20 pm
Leave will lapse, if an absence exceeds 2 years.
May I ask if you are referring to indefinite leave to remain (ILR) or a spouse visa?
Have you clicked the linked provided?? Key is the word "lapse"!!
Yes. We won’t leave UK for 2 years. This is why my focus is on continuous 5 years.

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