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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I was on tier 2 visa and I changed my visa in April 2016 and

Resolved Question:

I was on tier 2 visa and I changed my visa in April 2016 and now i got ILR my wife she is still on PBS visa
I did not changed her visa because my solicitor advised me she can stay in that visa her visa is valid which will expire on February 2018
Do I have to change her visa ?
And in February 2018 her 5 years will be complete on PBS visa
Will she get indefinite leave to remain?
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. Dear Barbar321, you are under no obligation to change your wife's visa from her PBS visa before it expires. Essentially, this visa validates her living and working in the UK until February 2018. In February 2018, as she will have had five years "continuous residence" in the UK she will become eligible to apply for ILR. If she has five years continuous residence before this date, she can also apply for ILR.

Expert:  Buachaill replied 11 months ago.

2. There should be no obstacle to her obtaining ILR when she has five years continuous residence spent in the UK. Dependents of Tier 2 visas are subject to the normal rules regarding persons granted visas to live and work in the UK. So, once she has been five years continuously in the UK, there is no obstacle to her gaining ILR.

Expert:  Buachaill replied 11 months ago.

3. Be aware that as you now have ILR, you can apply for UK citizenship after you have had ILR for a period of one year. This will grant you full UK citizenship.

Expert:  Buachaill replied 11 months ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 11 months ago.
Thanks very much for your answer I forgot to ask one thing the company who sponsored me on tier 2 their liscense revoked by home office
So it will not affect on my wife visa?
Expert:  Buachaill replied 11 months ago.

5. The revoking of the licence of the company who sponsored you is not retroactive in effect. It only operates into the future. Otherwise, all visas issued under the previously valid licence would suddenly become invalid. this is not the case. Al pre-existing visas continue to be valid even if the licence for the sponsoring firm has been revoked. So, your wife's visa is not revoked by the revoking of the licence of the firm who sponsored you. However, if you are concerned, your wife can, today, apply for a visa as the spouse of a settled person, which is now your current status.

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