Variation of visa before applying for ILR

[Ezmba]

Hi Gurus,

I need some advise on my situation

Immigration History

2007 Dec came to Uk as a student
2010 switched to post study visa
2011 switched to tier 4 dependent
2014 feb switched to tier 2 dependent
2016 feb extended tier 2 depended (wife got new job so sponsor changed) Tier 2 valid until 2018 March
to complete 10 year long residence on Dec 2017.(2007 Dec to 2017 Dec)
On jan 2017 wife got ILR ( through long residence 10 years) after PhD she got sponsor and had tier 2 general and completed 10 years.

My question.

1) Should I change my visa to FLR(M)? if I do, will it reset my immigration clock since my wife's ILR is on 10 year route?

2) I think the resetting of immigration clock to zero when PBS dependent extends/varies leave is applicable to dependents whose main applicant got ILR via 5 years route?

3) from all indication it appears I cannot extend as PBS of a Tier 2 general migrant since I still have valid visa which runs through 2018 and I will qualify for ILR by Dec 2017

4) Since I have a valid leave to reain until 2018, is it mandatory to vary my leave now the main applicant have ILR issued via 10 years rule (long residence)

Your advise will be appreciated.

Thank you.

Ezmba

[CR001]

1) Should I change my visa to FLR(M)? if I do, will it reset my immigration clock since my wife's ILR is on 10 year route?

You should switch yes. If no travel plans till December, you might be ok to continue on your existing visa or unless it gets curtailed.

2) I think the resetting of immigration clock to zero when PBS dependent extends/varies leave is applicable to dependents whose main applicant got ILR via 5 years route?

No, it is ILR LR applicant spouses who have to switch. PBS dependent of 5 year route ILR migrants can continue on PBS dependent till they qualify for ILR.

3) from all indication it appears I cannot extend as PBS of a Tier 2 general migrant since I still have valid visa which runs through 2018 and I will qualify for ILR by Dec 2017

You can't extend PBS Dependent AT ALL because your partner got ILR based on long residence.

4) Since I have a valid leave to reain until 2018, is it mandatory to vary my leave now the main applicant have ILR issued via 10 years rule (long residence)

That's what the rules say.

[Ezmba]

Hi CR001,

Thank you for the prompt response, I still want you to comment on resetting of my immigration clock to zero if I switch to FLR(M).

Will the clock go back to zero?

I saw this from the 2017 rule. please comment if you could.
look at the last paragraph

……………….2017 rule

Family members of PBS migrants granted ILR or British citizenship
This page explains how to consider applications from family members of points-based system (PBS) migrants where the PBS migrant has indefinite leave to remain (ILR) or British citizenship.
If the PBS migrant holds ILR, this must be as a PBS migrant, and not for example under the long residence rules.
If the PBS migrant is a British citizen, before that they must have held ILR as a PBS migrant.
Change to the Immigration Rules: 9 July 2012
From 9 July 2012, dependent partners of PBS migrants must complete a 5 year probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship before their partner has completed their 5 year probationary period, the partner can still apply for further leave to remain as a PBS dependant rather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years.
If the PBS migrant has ILR on the basis of long residence, their partner cannot extend their leave or gain settlement as a PBS dependant and must switch into the partner of a settled person category and apply for limited leave. For more information see related link.
Combining leave for ILR
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.

[CR001]

Hi CR001,

Thank you for the prompt response, I still want you to comment on resetting of my immigration clock to zero if I switch to FLR(M).

Will the clock go back to zero? Yes if you switch to FLR(M) but only if you plan on applying for ILR based on 5 years residence. ALL time spent legally in the UK counts towards ILR LR.

I saw this from the 2017 rule. please comment if you could. Yes I know the rules. What in particular is confusing you or do you need clarification on?
look at the last paragraph

……………….2017 rule

Family members of PBS migrants granted ILR or British citizenship
This page explains how to consider applications from family members of points-based system (PBS) migrants where the PBS migrant has indefinite leave to remain (ILR) or British citizenship.
If the PBS migrant holds ILR, this must be as a PBS migrant, and not for example under the long residence rules.
If the PBS migrant is a British citizen, before that they must have held ILR as a PBS migrant.
Change to the Immigration Rules: 9 July 2012
From 9 July 2012, dependent partners of PBS migrants must complete a 5 year probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship before their partner has completed their 5 year probationary period, the partner can still apply for further leave to remain as a PBS dependant rather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years.
If the PBS migrant has ILR on the basis of long residence, their partner cannot extend their leave or gain settlement as a PBS dependant and must switch into the partner of a settled person category and apply for limited leave. For more information see related link.
Combining leave for ILR
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.

[Ezmba]

Hi CR001,

Thank for your prompt response.

From your explanation, resetting of immigration clock to zero is not applicable to me since my oncoming ILR application will be on LR (10 years rule), so even if I switch my visa to FLR(M), I still qualify to apply for ILR LR by Dec? Is that correct.

Sorry for repeating this again. expecting your usual and prompt response.

Cheers

Ezmba

[Casa]

Hi CR001,

Thank for your prompt response.

From your explanation, resetting of immigration clock to zero is not applicable to me since my oncoming ILR application will be on LR (10 years rule), so even if I switch my visa to FLR(M), I still qualify to apply for ILR LR by Dec? Is that correct.

Sorry for repeating this again. expecting your usual and prompt response.

Cheers

Ezmba

I believe that CR001 intended to post "but only if you plan on applying for ILR based on 10 years long residence"

Note that she has already advised you that all valid leave will count towards LR