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Long term residence ILR and impact on dependants

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

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seeweare
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Posts: 45
Joined: Tue Apr 01, 2014 1:40 pm
India

Long term residence ILR and impact on dependants

Post by seeweare » Fri May 15, 2020 11:38 am

Dear admins,
Could you please help with below queries:

I have entered UK on June 16, 2010, and my wife came to UK on June 2nd 2012.
I switched to tier 2 gen in Aug 26, 2015 in UK and my wife moved to tier 2 gen dependent at the same time in UK.

I am nearing ILR eligibility through either 10 year route (long residence) (by June 16, 2020) or by 5 year route (tier 2 gen) (Aug 26, 2020). Needed some advice about my application and the impact on dependant.

Could you please advise on the following:

1) If I apply for 10 year route in June 2020, can i apply ILR for my wife as dependant at the same time? Or will her dependant visa clock reset?

2) My current tier 2 gen visa is valid until Aug 2021. can my wife stay on this existing Tier 2 dependant visa until 2021 or do I need to apply a separate ILR dependant visa?

3) What happens to her tier 2 gen dependant visa if I change job to a different company on ILR? essentially the tier 2 visa is no longer applicable and therefore need to know if my wife's tier 2 dependant visa then becomes invalid?

Thank you.
Regards,
Ramana

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CR001
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Re: Long term residence ILR and impact on dependants

Post by CR001 » Fri May 15, 2020 11:45 am

1) If I apply for 10 year route in June 2020, can i apply ILR for my wife as dependant at the same time? Or will her dependant visa clock reset?
No you cannot apply for your dependents ILR. Long Residence ILR does NOT allow dependents to apply. She will have to switch to FLR(M) spouse visa and meet the English and financial requirements. This will reset her 5 year ILS clock.
2) My current tier 2 gen visa is valid until Aug 2021. can my wife stay on this existing Tier 2 dependant visa until 2021 or do I need to apply a separate ILR dependant visa?
She should change to FLR(M) especially if you have travel out of the UK planned.
3) What happens to her tier 2 gen dependant visa if I change job to a different company on ILR? essentially the tier 2 visa is no longer applicable and therefore need to know if my wife's tier 2 dependant visa then becomes invalid?
Nothing. She is dependent on YOU not your employer.

It will be simpler if you apply for ILR based on Tier 2 when you qualify as she can then apply with you.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

seeweare
Newbie
Posts: 45
Joined: Tue Apr 01, 2014 1:40 pm
India

Re: Long term residence ILR and impact on dependants

Post by seeweare » Fri May 15, 2020 12:00 pm

Thanks a lot for the prompt response.

Regards,
Ramana

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