Tier 2 to ILR

[camigonz85]

Hi,

I was wondering if anyone can help us with the questions below.

Our current situation:

1. We are both Colombian nationals and have been married since 2010.

2. I have been under Tier 2 (General) visa for 5 years and planning to apply for Indefinite Leave to Remain at the end of this month.

3. My wife has been under Tier 2 Dependant visa since November 2012 and her visa expires on Aug 2015. Before that, she was under a Tier 4 visa since December 2009. We have been living together since Dec 2009 in the UK, although I arrived in the UK before that time.

Questions we have:

1. Will my wife's current Tier 2 Dependant visa remain valid when I switch to ILR? For example, can she still remain in the UK until August 2015 with her current visa once I switch?

2. Or, does/can she apply to ILR at the same time I do? (I understand she needs to remain for 2 years in the UK as my dependant, so she'd need to wait until November 2014 before being able to apply, is this correct?)

3. Or, does she need to apply as "Family of a Settled person" at the same time I do?

Thanks for any help you can provide to us on this.

[vishpb35]

For your wife, only option 1 holds true. She will continue to hold tier2 dependent visa and once her visa expires she will have to extend it as a tier 2 dependent extension( even though u would hav got ur ILR by that time).

Option2 : not sure if ur wife will get ILR after 2 years as she became tier2 dependent in nov 2012 and since July 8,2012 any dependents have to spend 5 years to be eligible for ILR.

Option 3: please refer Option 1 description. she doesnt need to apply FlR M.