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Switching from Tier 2 to Spouse Visa - remaining time?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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lb2205
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Switching from Tier 2 to Spouse Visa - remaining time?

Post by lb2205 » Fri Sep 26, 2014 11:51 am

Hi,

I'd like some help in understanding what will happen in the below case:

I am on Tier 2 employee sponsored. I went onto this VISA in May 2013 and therefore my 5 years would end May 2018. My partner is also on Tier 2, but next year he will be eligible for the 10 year long stay VISA so he will switch to ILR.

If, by marriage, I switch to a spousal VISA as his dependent what would happen to my remaining time? Would I switch to ILR at the same time that he does or do I continue with my remaining years? How much more time would I have until I can get ILR?

Thanks

iworker
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Re: Switching from Tier 2 to Spouse Visa - remaining time?

Post by iworker » Fri Sep 26, 2014 12:24 pm

you can continue on your own tier 2 and qualify for ilr when u complete 5 years.

Alternatively u can switch to FLR(M) within UK, but your counter will reset and you will have to spend 5 years from that date to qualify for ilr. you will get visa for 2.5 years which will need extending once for another 2.5 years making it 5 years for you to apply ilr.

lb2205
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Re: Switching from Tier 2 to Spouse Visa - remaining time?

Post by lb2205 » Fri Sep 26, 2014 12:27 pm

Hi,

"Alternatively u can switch to FLR(M) within UK, but your counter will reset and you will have to spend 5 years from that date to qualify for ilr. "


I'm not sure if this is entirely correct about it resetting. I have a friend who switched from Tier 2 to dependent and his spouse was also on Tier 2. They had the same amount of time left so that time remained. His visa/time did not reset

iworker
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Re: Switching from Tier 2 to Spouse Visa - remaining time?

Post by iworker » Fri Sep 26, 2014 3:48 pm

unfortunately, i think i am correct. The counter will reset

lb2205
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Re: Switching from Tier 2 to Spouse Visa - remaining time?

Post by lb2205 » Wed Oct 01, 2014 11:02 am

[quote="iworker"]unfortunately, i think i am correct. The counter will reset[/quote]


Hi,

Unfortunately you are not. I have friends who have been through this process and they did not have to "reset" their time. Once time has been served on any eligible VISA, that time would be counted when switching to another. I have also called UKBA to verify this and they confirmed that the time is not "reset".

iworker
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Re: Switching from Tier 2 to Spouse Visa - remaining time?

Post by iworker » Wed Oct 01, 2014 12:03 pm

So you are proposing that you (currently on tier 2) will change to spouse visa when your husband (who is also on tier 2 separately) will get ILR. and then since he has got ILR u will apply for ILR in 2018 when u have spent 5 years here.

If that is what you mean, you are wrong, the counter will reset. However, u should take the words of your friends. Good luck.

manci
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Re: Switching from Tier 2 to Spouse Visa - remaining time?

Post by manci » Wed Oct 01, 2014 2:29 pm


lb2205
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Re: Switching from Tier 2 to Spouse Visa - remaining time?

Post by lb2205 » Thu Oct 02, 2014 11:15 am

[quote="iworker"]So you are proposing that you (currently on tier 2) will change to spouse visa when your husband (who is also on tier 2 separately) will get ILR. and then since he has got ILR u will apply for ILR in 2018 when u have spent 5 years here.

If that is what you mean, you are wrong, the counter will reset. However, u should take the words of your friends. Good luck.[/quote]


No, That is not what I am proposing.

My spouse is currently on TIER 2 and I would like to switch BEFORE he goes on to ILR. I would be on the spousal visa BEFORE he goes to ILR and was seeking to understands what happens when he switches to ILR. I have already contact and spoken to the UKBA, as this conversation is offering no help. They have confirmed to me that my time will not reset.

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