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Does it reset ILR clock by changing to spouse visa (was tier 2 dependent)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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oxnormanxo
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United Kingdom

Does it reset ILR clock by changing to spouse visa (was tier 2 dependent)

Post by oxnormanxo » Mon Jan 22, 2024 7:45 pm

Hi All,

My wife had spent 3 years previously as an dependent on my Tier-2 General visa. however later I ILR'ed so she applied after that for spouse visa as dependent of my ILR in 2022.

Now totally she has been with me on legal visa (tier 2 dependent and spouse combined) for 5 years, can we apply for ILR (set O) for her or do we need to wait for another 3 years?

Thanks anyone who looking into this topic to help!

lolo2
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Venezuela

Re: Does it reset ILR clock by changing to spouse visa (was tier 2 dependent)

Post by lolo2 » Mon Jan 22, 2024 7:55 pm

She could have continued as a SWV (former Tier 2) dependent even after you were granted ILR, and be eligible for ILR now. She reset her clock when switched, now you need to wait for the qualifying period under the spouse route.

For a reason, some people think that dependent spouses have to switch to spouse visas after the main applicant has ILR.
Last edited by lolo2 on Mon Jan 22, 2024 7:58 pm, edited 1 time in total.

meself2
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Ireland

Re: Does it reset ILR clock by changing to spouse visa (was tier 2 dependent)

Post by meself2 » Mon Jan 22, 2024 7:57 pm

oxnormanxo wrote:
Mon Jan 22, 2024 7:45 pm
or do we need to wait for another 3 years?
You do now.
She could've stayed as your dependant, but as of now the ILR clock has been restarted once she switched.

upd: beaten by lolo2
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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zimba
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Re: Does it reset ILR clock by changing to spouse visa (was tier 2 dependent)

Post by zimba » Mon Jan 22, 2024 8:00 pm

Might be possible to switch back to SW dependant visa and secure ILR: indefinite-leave-to-remain/combination- ... l#p2143081
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

oxnormanxo
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Joined: Mon Jan 22, 2024 7:32 pm
United Kingdom

Re: Does it reset ILR clock by changing to spouse visa (was tier 2 dependent)

Post by oxnormanxo » Mon Jan 22, 2024 9:47 pm

thank you all for the replys! and thanks zimba for the idea, we might just extend to see how it goes as switching seems to be a rare option now.

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