Tagged: Tier 2
I need help with a Tier 2 question; the issue is that the sponsor’s visa exhausts in 2019 with the dependent having been granted in line, visa ending the same date. The sponsor, however, has spent 5 years on Tier 2 being now eligible for ILR. The dependent has a further 2 years before eligibility for ILR and will need an extension when the visa expires in 2019 to achieve their own 5 year eligibility period.
My question is has anyone experienced situations of adverse consequences to the dependent where the sponsor switches into ILR before the visa end date, rather than waiting for this and making the ILR application and the extension application for their dependent at the same time.
Let me know your experiences or the best way to proceed with advising on this matter.
Where main applicants are granted ILR after 5 years on Tier 2, their dependants may extend their own visas as pbs dependants until they qualify for ILR themselves (slightly counter-intuitive I know) there is no issue around timing of applications other than not overstaying … obviously!
its covered in the caseworker guidance here
Dependent partners of PBS migrants must complete a 5 year probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship before their partner has completed their 5 year probationary period, the partner can still apply for further leave to remain as a PBS dependant rather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years.
Many thanks for your responses.