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Indefinite Leave to remain - does the time reset when switching from Dependent to Main

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

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

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Raj5394
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India

Indefinite Leave to remain - does the time reset when switching from Dependent to Main

Post by Raj5394 » Mon Mar 16, 2020 12:03 pm

Hi,
Me and my family(husband and a young son who is 8 now), came to UK in April,2016. My Husband was ICT Tier2 visa and I came as his dependent and started working here. We stayed on this visa until April,2018 and then I got sponsored by my employer and changed to Tier2 general visa and my husband changed as my dependent. We are in this visa category now and my husband has got a sponsorship offer from his current employer.
My question now is -
1. If he changes to Tier2 general main, does his time reset and he has to wait for another 5years before he can apply for ILR? We would prefer to change(if it does not reset) cause this gives us more flexibility in case any one of us has issue with current employment.

2. We have been living in UK and since April,2016 first on ICT and then as Tier2 general, switching between main and dependent as explained above. We were just wondering if that period counts if we want to apply for ILR before finishing 5 years on Tier2 as per 245HF point (b) ?

Thanks,

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CR001
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Re: Indefinite Leave to remain - does the time reset when switching from Dependent to Main

Post by CR001 » Mon Mar 16, 2020 1:03 pm

1. Yes, the clock resets to zero for ilr based on 5 years residence and he would have to wait 5 years as tier 2 general main visa holder before he can apply for ilr. Note also that if you are on your own individual tier 2 visas, your son will only qualify for ilr when he does after his new 5 years.

2. Time as tier 2 ICT main visa holder does not count for ilr based on 5 years residence.

Note that you cannot come PBS dependent and pbs main visa time to make up 5 years. You need 5 years as a dependent OR 5 years as tier 2 general main visa holder.
Char (CR001 not Casa)
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