From Tier 1 or Tier 2 Dependant visa straight to an ILR? But what about the traditional advice of getting a Spouse visa first?
It is a common situation when the main
applicant is about t qualify for an ILR on the basis of 5 years on Tier 1
General and/or Tier 2 visas, however, the spouse/partner has not spent enough
time in the UK by then. Or has spent enough time but not enough on Dependant
visas.
Before 9 July 2012 we, advisers, had to advise the clients the following: if the main applicant chooses to get an ILR on hi/ her own, while spouse/partner has not spent the required 2 years in the UK (and on dependent visas), then the spouse/partner had to switch to a Spouse visa, FLR M application. Then, when the spouse/partner has achieved 2 years of residency (on dependent visas), he/she could apply for an ILR, making a SET M application.
In the above cases the 2 years could be combined of PBS Dependant visas and a Spouse visa.
All changed on 9 July 2012!
Now it is possible to switch from a Tier 1 or 2 Dependant to an ILR without having to apply for a Spouse visa first. It would be a SET O application, category Other because SET O form has still not been updated with that (but the rules have been changed, as above).
So, let's imagine the main applicant has spent 5 years on Tier 1 General visas and wants to apply for an IR. However, the spouse has a Tier 1 Dependant visa, issued before 9 July 2012, and only has been in the UK for 1.5 years. This spouse cannot apply for an ILR at the same time because he/she has not spent 2 years in the UK.
In this case the spouse can apply for an extension of the Dependant visa, on PBS Dependant form, which can be on same-day Premium service. Extension will be for 3 years. In this case it does not matter that the main applicant is not applying under the Tiers anymore. The main applicant might have an ILR or even become British while the spouse can keep applying for a PBS Dependant visa, every time getting a visa for 3 years.
Then, when the spouse can finally meet the required number of years of residing in the UK then he/ she can apply for an ILR on SET O form. This was not possible before 9 July 2012 but is possible now.
How many years? Dependant spouses/ partners need to spend 2 years in the UK on dependent visas if their 1st Dependant visa was issued before 9 July 2012.
However, Dependant spouses/ partners need to spend 5 years in the UK on dependant visas if their 1st dependant visa was issued on or after 9 July 2012. Now it must be making sense why extensions for 3 years were introduced!
There is one exception (would not have been the same without with the UKBA!)
The rule in this posting, ie switching from a PBS Dependant direct to an ILR, can be used if the main applicant applied for an ILR on the basis of 5 years on Tier 1 or Tier 2 visas. This rule would NOT apply if the main applicant applied for an ILR otherwise, such as on the basis of Long Residence 10 years (in that case the spouse/partner has no choice but to get a Spouse visa FLR M).
Before 9 July 2012 we, advisers, had to advise the clients the following: if the main applicant chooses to get an ILR on hi/ her own, while spouse/partner has not spent the required 2 years in the UK (and on dependent visas), then the spouse/partner had to switch to a Spouse visa, FLR M application. Then, when the spouse/partner has achieved 2 years of residency (on dependent visas), he/she could apply for an ILR, making a SET M application.
In the above cases the 2 years could be combined of PBS Dependant visas and a Spouse visa.
All changed on 9 July 2012!
Now it is possible to switch from a Tier 1 or 2 Dependant to an ILR without having to apply for a Spouse visa first. It would be a SET O application, category Other because SET O form has still not been updated with that (but the rules have been changed, as above).
So, let's imagine the main applicant has spent 5 years on Tier 1 General visas and wants to apply for an IR. However, the spouse has a Tier 1 Dependant visa, issued before 9 July 2012, and only has been in the UK for 1.5 years. This spouse cannot apply for an ILR at the same time because he/she has not spent 2 years in the UK.
In this case the spouse can apply for an extension of the Dependant visa, on PBS Dependant form, which can be on same-day Premium service. Extension will be for 3 years. In this case it does not matter that the main applicant is not applying under the Tiers anymore. The main applicant might have an ILR or even become British while the spouse can keep applying for a PBS Dependant visa, every time getting a visa for 3 years.
Then, when the spouse can finally meet the required number of years of residing in the UK then he/ she can apply for an ILR on SET O form. This was not possible before 9 July 2012 but is possible now.
How many years? Dependant spouses/ partners need to spend 2 years in the UK on dependent visas if their 1st Dependant visa was issued before 9 July 2012.
However, Dependant spouses/ partners need to spend 5 years in the UK on dependant visas if their 1st dependant visa was issued on or after 9 July 2012. Now it must be making sense why extensions for 3 years were introduced!
There is one exception (would not have been the same without with the UKBA!)
The rule in this posting, ie switching from a PBS Dependant direct to an ILR, can be used if the main applicant applied for an ILR on the basis of 5 years on Tier 1 or Tier 2 visas. This rule would NOT apply if the main applicant applied for an ILR otherwise, such as on the basis of Long Residence 10 years (in that case the spouse/partner has no choice but to get a Spouse visa FLR M).
For an advice or application please
contact info@1st4immigration.com
or visit www.1st4immigration.com
If you are an
immigration Adviser or a Solicitor then you can check our ONLINE training
courses here (distance learning in your own time), including training with
award of Continuing Professional Development (CPD) hours, accepted by the OISC
and SRA: www.1st4immigration.com/training
