ILR and Dependent Visa

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Old Mar 6th 2018, 9:39 am
  #1  
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Default ILR and Dependent Visa

Hello,

I have couple of queries in relation to my ILR application and my wife's dependent visa which are as follows;

1. I am in Tier 2 (G) visa (valid till Aug 2019) will be qualified and will apply for ILR (using one day service) through 5 years route in April 2018. However, my sponsor’s license has been downgraded to ‘B’ in Feb 2018 and they have paid for 'action plan' and will get it completed within 3 months to upgrade it back to ‘A’. If it continues to be B rated by the time I qualify for ILR, can I still apply for ILR or shall I wait until it gets back to A rated.

2. My wife got Tier 2 dependent visa in July 2017 and it is valid untill Aug 2020 (3 years).
i) Does she need to apply for new visa as a dependent of ILR straightaway after I get ILR in May 2018?
ii) Or can she continue under Tier 2 dependent visa which is valid till Aug 2020 eventhrough I am in ILR/ have British passport by then?
iii) If so can she apply for extension for another 3 years to complete her 5 years route for ILR in Aug 2020? Which application will she have to apply for at that point?

Thanking you in advance.
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Old Mar 7th 2018, 4:16 pm
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Default Re: ILR and Dependent Visa

1. Good question to which I'm not sure what the correct answer is. Probably best to play it safe and wait until your sponsor is A-rated again.

2. Your wife can remove on her Tier 2 dependent visa until it expires after which she can apply for a further Tier 2 dependent visa until she accumulates five years' residence and can apply for ILR.
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Old Mar 16th 2018, 3:07 pm
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Default Re: ILR and Dependent Visa

Thank you so much for your reply. That was really helpful.

One more query for you; Can I move to another Tier 2 sponsor while my current sponsor is under B rating? If so, does my wife have to re-apply for Tier 2 Dependent visa even though her current visa is valid till 2020 while I re-apply for Tier 2 visa through new sponsor .
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Old Mar 16th 2018, 5:35 pm
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Default Re: ILR and Dependent Visa

Originally Posted by ukguy18
Thank you so much for your reply. That was really helpful.
You're welcome. I hope you realised I meant 'remain' rather than 'remove'!

One more query for you; Can I move to another Tier 2 sponsor while my current sponsor is under B rating? If so, does my wife have to re-apply for Tier 2 Dependent visa even though her current visa is valid till 2020 while I re-apply for Tier 2 visa through new sponsor .
You can move to a new sponsor at any time. If you move jobs then your new employer will need to provide you with a new CoS and you will have to make a fresh Tier 2 application. My understanding is that your wife can continue on her current visa and then renew it in the usual way when it is about to expire but using your new sponsor's details.
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