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Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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I am dependent of Tier 2 General and joined my Husband in

Customer Question

I am dependent of Tier 2 General and joined my Husband in march 2012. My husband's sponsor license has revoked however he has completed 10 years and going to apply ILR-LR application soon. We have two sons born in the UK.
My question is I have completed two years as a dependent of Tier 2 General according to rules in place before July 2012. Can I apply for ILR on this base in case my husband got ILR-LR. if not is there any other option to apply for ILR.
I know I can not apply with hubby as a dependent of ILR LR and also know I have to apply FLR M after his ILR. I just want to know can I apply for ILR in any way, I have a leave until 22/08/2017.
If I apply FLR M, will this period count towards five year that I have spent as dependent of Tier 2 General.
Kind Regard
Mrs S *********
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Buachaill replied 1 year ago.

1. Dear Shabana, Can you better explain the situation. What visa(s) have you been on since March 2012 in the UK? You have been two years on a Tier 2 visa dependent, but what were you during the other years? What visa will you be on between now and 22/08/17?

Customer: replied 1 year ago.
I have been on Tier 2 General Dependent VISA from the day one. I entered to the UK on as a Tier 2 Dependent, then had extension in August 2014. I will be on the same Visa until 22/08/2017. The reason I mentioned two years in my question earlier is that, I have already completed two years as Tier 2 Dependent because I came to the UK before July 2012.
Expert:  Buachaill replied 1 year ago.

2. Dear Shabana, you need five years continuous residence to get Indefinite Leave to Remain and settlement in the UK. What I am trying to ascertain is what visa you have been on since the day you came to Britain. Since July 2012, you have four years continuous residence, but what visa were you on before 2012? Can you give me a visa history since you entered the UK?

Customer: replied 1 year ago.
I came on Tier 2 General Dependent VISA in March 2012 befor I was in my Home Country. Since then I am on the same VISA which is valid until 22/08/2018. My Husband got his ILR yesterday on the base of 10 years long residence. I am in dilemma can I apply for indefinite leave to remain without switching to his dependent as a FLR-M. Because according my understanding, my time will start from zero if I switch his dependent as a FLR-M. I mean another five years and the time I have spent as a dependent of Tier 2 General will not be counted towards five years.
Expert:  Buachaill replied 1 year ago.

3. Two things here, Shabana. Firstly, you don't need to change to his dependent as your visa is a valid for another 2 years. Secondly, you will be entitled to Indefinite Leave to Remain or settlement next March as you will then have been five years in the UK. Thirdly, even if you did change to his dependent as FLR(M), your time in the UK would not go back to Zero. The four and a half years you have already spent in the UK will count towards the necessary five years continuous residence for Indefinite Leave to Remain.

Expert:  Buachaill replied 1 year ago.

4. Be aware that after one year on INDEFINITE leave to remain, you can then apply for UK citizenship. So, be sure to apply for ILR next March.

Expert:  Buachaill replied 1 year ago.

5. Please Accept and Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
Thank you very much for your email but I had sent the same question to the Home Office as well, what they told to me is different from you. I have copied and pasted their reply below, please have a look."Thank you for your email correspondence of 30 April.
If a PBS migrant is qualifying for settlement under long residence, their dependants will need to apply for further leave to remain as a spouse of a settle person under Appendix FM. The application made on or after 6 April 2014 by their dependant, the following would apply:• Granted 2.5 years leave under Appendix FM
• Apply for further grant of 2.5 years under Appendix FM
• Eligible for ILR under Appendix FM after five years residency in the UK
• No amalgamation of any previous leave as PBS partner
• Apply for ILR on SET(M)They will need to use form FLR M to make an application. Please see the link below to obtain the application form:
I hope this information is helpful".What you are telling me it was the case but before April 2014, the Home Office has made a change in rules after April 2014 and the above will apply for me. Please advice.
Expert:  Buachaill replied 1 year ago.

6. Dear Shabana, this view from the Home Office is at variance with what I understand the law to be. I can Opt Out and you can have a different Expert deal with your question. Would you prefer that?

Customer: replied 1 year ago.
Thank you very much for your quick reply and much appreciated. Yes I would like a different opinion on this as well but do I need to pay again or will you settle in the same payment that I have already paid. Please let me know.
Expert:  Buachaill replied 1 year ago.

7. The payment you have already made is sufficient for another Expert to deal with the question. I will now Opt Out and transfer you so that the question is open to other Experts.