Switching Tier 2 -> Tier 2 Dependent

[mrubin]

Hi everyone,

I'd really appreciate your advice on Tier 2 and ILR issues.
I've been on Tier 2 for 1 year now, and my wife is my dependent. We would now like to switch roles, so she would be the Tier 2 holder and I would be her dependent. Her company is willing to sponsor her and she will apply from outside the UK.

1. Once she has her own Tier 2, can I apply to switch to be her dependent from inside the UK?
2. If the answer to the 1st question is negative and I have to apply from outside the UK, is the countdown for ILR reset and the 1 year I spent on Tier 2 not counted anymore?

Many thanks,
Alex

[manci]

1. yes
2. once you become a PBS dependant you will no longer be eligible for ILR on the 5 year route (only long residence - 10 years)

[mrubin]

Thanks a lot for your prompt reply manci!
WRT #2 - if my wife gets ILR after 5 years on Tier 2, I would be eligible for ILR as well, no?


Partners: paragraph 319E of the Immigration Rules
To be granted indefinite leave to remain as the partner of a PBS migrant, the applicant must:

 be the spouse, civil partner, unmarried or same sex partner of a person who is being,
or has been, granted indefinite leave as a PBS migrant
 have, or have last been granted, leave as the partner of the person who is being, or
has been, granted indefinite leave as a PBS migrant
 have been living with the PBS migrant in the UK in marriage or civil partnership, or in a
relationship similar to marriage or civil partnership for at least:
o two years - for applicants granted leave as the partner of a PBS migrant under the
rules in place before 9 July 2012 and who have since had continuous leave in that
category
o five years – for applicants granted leave as the partner of a PBS migrant under the
rules in place on or after 9 July 2012, who have since had continuous leave in that
category and, during that period, have met all the requirements of paragraph 319C
(a) to (e)
 be in a subsisting relationship with the PBS migrant at the time the application is made
(for more information, see related link: 2.0 - Genuine and subsisting relationship)
 intend to live together permanently with the PBS migrant as their spouse, civil partner,
unmarried or same sex partner (for more information, see related link: 1.0 - Partners)
 meet the knowledge of language and life in the UK requirements. For more
information, see related link.

[manci]

if my wife gets ILR after 5 years on Tier 2, I would be eligible for ILR as well?

yes, See:
http://www.immigrationboards.com/immigr ... 14832.html

[mrubin]

Many thanks manci, much appreciated!

[karan.arulmani]

I am on Tier 2 visa and my wife is dependant now(Valid till 2016). Can my wife change her visa to Tier 2 in the end of my 3 yr tenure and me moving in as her dependant?

Also in that case, will she be eligible for PR in 2018 or should she wait for 2016 +5 years.

Thanks,
Karan

[manci]

I am on Tier 2 visa and my wife is dependant now(Valid till 2016). Can my wife change her visa to Tier 2 in the end of my 3 yr tenure and me moving in as her dependant?
this can be done any time, you don't have to wait until 2016. She'll need a restricted CoS and will have to apply from her home country. You can switch in-country

Also in that case, will she be eligible for PR in 2018 or should she wait for 2016 +5 years.

Thanks,
Karan

[karan.arulmani]

Thanks in that case, will she be eligible for PR in 2018 or should she wait for 2016 +5 years.??