Eligibility for ILR

[VA2011]

I have one more query ...

1)Actually as My spouse got his ILR in June 2017 , so I want to know , can I stay here in London on the same previous tier 2 General dependent visa( as my spouse was holding before getting his ILR) expiring in Oct 2019 or I have to change my Visa now .as he is leaving his sponsor company too.

2) Second question is that , my timeline is like that
Came to Uk ---July 2010 on ICT dependent Visa
went out of UK for more then 180 days ---in June 2015 till Feb 2016
Came back in UK ---Feb 2016 on ICT dependent Visa
Visa status changed---Oct 2016-----General Tier 2 Visa
Now My spouse got ILR in June 2017

So my question is that " Am I eligible for ILR or not"?
and if yes that how much chances are there that I can get ILR ?

[CR001]

1)Actually as My spouse got his ILR in June 2017 , so I want to know , can I stay here in London on the same previous tier 2 General dependent visa( as my spouse was holding before getting his ILR) expiring in Oct 2019 or I have to change my Visa now .as he is leaving his sponsor company too.

If your spouse got ILR based on 5 years residence, then yes, you can continue on your existing visa.

2) Second question is that , my timeline is like that
Came to Uk ---July 2010 on ICT dependent Visa
went out of UK for more then 180 days ---in June 2015 till Feb 2016
Came back in UK ---Feb 2016 on ICT dependent Visa

Did you get a new entry clearance visa before returning in February 2016? Stating visa start and expiry dates are really important when you want advice from members who don't know you or your history.

Visa status changed---Oct 2016-----General Tier 2 Visa

Assuming this is a dependent visa and not a Tier 2 General Main visa you are holding?

So my question is that " Am I eligible for ILR or not"?
and if yes that how much chances are there that I can get ILR ?

Depends on your answers above.

[VA2011]

Yes , I got a new entry dependent visa ICT , when I came back to UK in feb 2016, so can I apply for ILR on this basis ?/

[CR001]

And when did you previous dependent visa before that one expire?

[VA2011]

Yes that previous ICT dependent visa was expired on 21 Nov 2015 and new visa was from Feb 2016

[CR001]

On what date did you APPLY for the new visa?

[VA2011]

Hello,

The new ILR dependent visa was applied on 11-01-16 from India.

Thanks.

[CR001]

Hello,

The new ILR dependent visa was applied on 11-01-16 from India.

Thanks.

Are you sure about your visa category above???

[VA2011]

Sorry , Its ICT dependent visa issued from India on 11-1-2016

[CR001]

Due to more than 28 days between visa expiry and new visa application, your starting day for ILR based on 5 years residence only starts in 2016. Nothing to do with absence limit but due to applying for a new entry clearance visa after the last one expired

You are therefore not eligible for ILR yet. You will qualify in 2021.

[VA2011]

Thanks for your reply.

My current tier 2 General dependent visa is expiring on 16 Oct 2019.

So what options do I have after the current visa expired ...

1) go for ILR dependent , if I choose this option will my clock reset , and I have to wait another 5 years for ILR

2) should I go for ILR dependent now , so that that clock of 5 years will start from now.

Thanks and Regards

[CR001]

On what basis did your spouse get ILR, 10 years long residence or 5 years Tier 2??

Any of my answers depends on this.

[VA2011]

he got his ILR on 5 years basis.

[CR001]

1) go for ILR dependent , if I choose this option will my clock reset , and I have to wait another 5 years for ILR

Yes your clock will reset and you will need a new 5 year residence period (2 x 2.5 year visas) before you will qualify for ILR. You will also have to pay the immigration health surcharge of £500 plus the visa fee.

2) should I go for ILR dependent now , so that that clock of 5 years will start from now.

You can continue to extend your Tier 2 ICT visa till you qualify for ILR in 2021. An extension application in 2019 will be granted for 3 years. ICT dependents don't have to pay the IHS fee.

My current tier 2 General dependent visa is expiring on 16 Oct 2019.

You need to be sure what category of dependent visa you are currently on as you change what you are saying between ICT dependent and Tier 2 General dependent. So which is it actually?