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ILR + TIER 2 GENERAL

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Tinman
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Posts: 3
Joined: Thu Mar 06, 2014 5:45 pm

ILR + TIER 2 GENERAL

Post by Tinman » Tue May 12, 2015 2:02 pm

Hello, would anyone be able to help with my query please. Let me set the background first.

My husband is currently on a Tier 2 visa while I have my ILR which I just got last month. He qualifies for ILR in 2017 based on long term stay (using his Tier 2 to qualify for ILR means waiting till 2019).

For more flexibility with jobs for him, we are thinking he should apply to become my dependant but not sure.
So just wondering the following:
• Would this shorten the time it would take him to also obtain ILR if he switches from Tier 2 to become my dependant? In other words, how does one then work out how long it would take him to qualify for ILR using dependant status or does this mean he has to start counting the 5 years qualifying period for dependants from scratch?
• Would he still have to return home (Nigeria) since he is currently on a Tier 2 in order to make this switch?

I would really appreciate responses that will help clarify this for me.
Many thanks.

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CR001
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Re: ILR + TIER 2 GENERAL

Post by CR001 » Tue May 12, 2015 5:42 pm

1. If he switches to FLR(M), it is a new 5 year route (or 10 years if he reaches that first). There is no shorter route to ILR unfortunately. So either he stays on his Tier 2 or switches to FLR(M) if you/he meets ALL the requirements and applies for ILR when he reaches 10 years residency. The new NHS surcharge will need to be paid (£500) on top of the visa fee.

2. He can apply to switch in the UK, no need to leave to apply.
Char (CR001 not Casa)
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