ILR: Tier 2 (Migrant) + Tier 1 (Dependant)

[eshaghbina]

Dear Forum, Moderators,
Thanks for previous comments for my case.

We just renew our visa. We came to UK with Tier 1 Visa roughly 2 years ago. I was the main applicant (Migrant) in Tier 1 as it was for 2 years. Recently, we got the new visa as Tier 2 for 3 years. This time my wife is the Main Applicant (Migrant).
2 questions please:
1) Some solicitors told me the Tier 1 history will be counted toward the ILR. So I can apply for the ILR at the end of this Tier 2 Visa. To be honest, I am doubtful about it. I reckon it will be reset!
2) In case that we are going to extend the current Tier 2 visa after 3 years (Leave to Remain), can we do that? Since in the new regulation, it told that the applicant for extending the Tier 2 Visa was not granted any kind of visa before Tier 2 Visa. Being the dependant of Tier 1 Visa, will be counted as being GRANTED the Tier 1 Visa before? So that person is not eligible for Leave to Remain?

I will be so grateful to let me know you opinions. Thanks for your time.

[manci]

1
Your time in Tier 1 will not count towards ILR because continuity of residency has been broken.
2
If your wife has now obtained a Tier 2 General visa for the first time she will be able to extend it for a further 2 or 3 years depending on whether she got it before or after 6 April 2012..

[eshaghbina]

1
Your time in Tier 1 will not count towards ILR because continuity of residency has been broken.
2
If your wife has now obtained a Tier 2 General visa for the first time she will be able to extend it for a further 2 or 3 years depending on whether she got it before or after 6 April 2012..

Thank you so much for reply manci.
1) Actually at the time of applying for Tier 2 Visa, our Tier 1 was still valid. And at the time of Tier 2 application process my wife had her salary and it paid fortunately. When we came back to UK, our Tier 1 Visa was still valid (to be honest this week it will be expired!!!). Is it matter toward the continuity of our residency in UK, you reckon?
2) We applied for Tier 2 visa after 6th April. It is for 3 years now. How about the leave to remain? It will be for 2 years or 3 years?

Thanks for your kind reply in advance.

[manci]

Your post is not entirely clear. As I understand it:

Yourself
You had a Tier 1 visa issued about 2 years ago, then you left the UK and applied from abroad for a Dependant visa with your wife being the principal migrant. She has been granted a Tier 2 General visa after 6 April 2012 valid for 3 years. Your Dependant visa is valid until the same date as your wife's.
.
Your wife
While you were in the UK as a Tier 1 migrant your wife had a Dependant visa. After both of you left the UK she obtained after 6 April 2012 a Tier 2 General visa valid for 3 years.

If the above is correct continuity of residence for ILR purposes has been broken.

Before her visa expires iyour wife can apply for an extension of her leave bringing her total leave as a T2G migrant to a maximum of 6 years. However, after 5 years in the UK on her T2G visa she can apply for ILR and you can apply at the same time.

[Greenie]

The issue is not continuity of residence but the fact that you cannot combine PBS dependent leave with leave as a tier 1/2 migrant to apply for ilr as a PBS migrant.

[manci]

The issue is not continuity of residence but the fact that you cannot combine PBS dependent leave with leave as a tier 1/2 migrant to apply for ilr as a PBS migrant.

Well...…these are two mutually non-exclusive reasons for the ILR clock to be reset.

[eshaghbina]

Your post is not entirely clear. As I understand it:

Yourself
You had a Tier 1 visa issued about 2 years ago, then you left the UK and applied from abroad for a Dependant visa with your wife being the principal migrant. She has been granted a Tier 2 General visa after 6 April 2012 valid for 3 years. Your Dependant visa is valid until the same date as your wife's.
.
Your wife
While you were in the UK as a Tier 1 migrant your wife had a Dependant visa. After both of you left the UK she obtained after 6 April 2012 a Tier 2 General visa valid for 3 years.

If the above is correct continuity of residence for ILR purposes has been broken.

Before her visa expires iyour wife can apply for an extension of her leave bringing her total leave as a T2G migrant to a maximum of 6 years. However, after 5 years in the UK on her T2G visa she can apply for ILR and you can apply at the same time.

Thank you very much for reply.
Yes this is our current situation as you told. So if every thing goes well, we can extend the T2G for another 3 years? Thank you very much in advance.

[eshaghbina]

The issue is not continuity of residence but the fact that you cannot combine PBS dependent leave with leave as a tier 1/2 migrant to apply for ilr as a PBS migrant.

Thanks Greeni