Tier 2 General > ILR - Planning start dates

[thevocalmonk]

Hello,

My employer has applied for a Tier 2 General COS for me, with a start date of 16th July 2018, in the June panel.
If (I know, a big if), I get the COS in June panel, I intend to apply for ILR after 5 years for my wife and me.

1) If I enter the UK, a month after my visa start date (which will be 16th July 2018), I will not able to show a continuous residence in the UK for 5 years, before my visa expires. I'm aware that the application for ILR can be submitted 28 days prior to the end date for current visa. However, if the gap is more than 28 days, can I apply for any kind of extension to allow the ILR application or will I have to exit the UK?

2) If I travel to the UK on the visa start date (to eliminate the above risk), can my wife travel after 2 months, without impacting her chances to succeed on an ILR application, 5 years down the line? If she does so, her dependent visa will expire on the same date as mine, and she will be left short of the 5 years time. Can she get an extension in this case?

3) This question does not apply to me, but out of curiosity, if I were to marry 2 years after I got my Tier 2 General visa, my spouse-to-be can never complete the 5 year term for the ILR application. Which visa is applicable for her in this case to allow her to complete 5 years in the UK, before the ILR application?

I appreciate I'm asking questions about the distant future, but this information will help me start on the right footing (based on the current rules, which can change of course).

Thanks

[CR001]

1. Your residence (as the rules are now) starts from visa issue date. You can hold tier 2 general for up to 6 years.

2. Your wife will get the initial visa valid for 30 days and she should enter the UK within 30 days. It costs £170 roughly to get a new visa vignette. PBS Dependents residence also starts from date of visa issue (as the rules stand now).

3. She can simply extend her tier 2 dependent visa. There is no rule that both of you MUST apply for ILR at the same time.

I would suggest you focus your energy on getting the tier 2 visa first and keep an eye on rule changes (yes, they change quite often as they did recently for both main apps and dependents re absences) and come back to ask about ILR nearer the time.

[thevocalmonk]

1. Your residence (as the rules are now) starts from visa issue date. You can hold tier 2 general for up to 6 years.

OK, so if I'm falling short of a few days to meet ILR eligibility, can I apply for a Tier 2 General extension. after the 5 years' initial visa has run out?

2. Your wife will get the initial visa valid for 30 days and she should enter the UK within 30 days. It costs £170 roughly to get a new visa vignette. PBS Dependents residence also starts from date of visa issue (as the rules stand now).




3. She can simply extend her tier 2 dependent visa. There is no rule that both of you MUST apply for ILR at the same time.

Right - so to confirm - can she apply to extend her Tier 2 PBS dependent visa in the following scenarios:
1. My ILR is approved
2. My ILR application is under process

I would suggest you focus your energy on getting the tier 2 visa first and keep an eye on rule changes (yes, they change quite often as they did recently for both main apps and dependents re absences) and come back to ask about ILR nearer the time.

I agree absolutely and thank you for your time answering questions about the distant future. I'm just intending to have a start date in the UK for my wife and me, such that there is minimal problem in the ILR application later on. Thanks again, CR001.