Disclaimer: By posting on this web site it is accepted that you have agreed to our Terms. Please DO NOT publish copyrighted material/pictures without the owner’s permission, you are liable for any costs incurred.


Results 1 to 5 of 5
  1. #1
    Newbie (Restricted Access)
    Join Date
    May 2013
    Location
    STANMORE
    Posts
    4
    Rep Power
    0

    Working visa to dependant visa, indefinite leave to remain.

    Hello,

    My fiancee is currently on a tier 2 working visa which expires in July. We are getting married in May and i'm wondering if her visa is renewed as a working visa or whether she has to switch to a dependant visa. In making this switch and change in visa does this affect the length of stay for indefinite leave? Is it zero'd back to wait for 5 more years or does the 3 years she has already contributed count. I am a working british national.

    Thank you for any input

    Dennis.


  2. #2
    Moderator
    Join Date
    Aug 2010
    Location
    Marikina City
    Posts
    26,785
    Rep Power
    150
    Is she able to renew her working visa?

    If she will switch to spouse visa are you both able to meet the UKBA Financial Requirement?


  3. #3
    Newbie (Restricted Access)
    Join Date
    May 2013
    Location
    STANMORE
    Posts
    4
    Rep Power
    0
    She's legible to renew her work visa and we meet the Financial Requirements to pass the dependent visa application. It's just whether we have to switch to dependent visa by law or whether we can just continue on the working visa. From reading around since the changes in April 2012 to dependent visa if she changes she loses her 3 years already accrued for indefinate leave as it is a change in visa and has to start her 5 years again for indefinite leave, which seems a little mean.


  4. #4
    Moderator
    Join Date
    Aug 2010
    Location
    Marikina City
    Posts
    26,785
    Rep Power
    150
    Quote Originally Posted by DenHaz View Post
    She's legible to renew her work visa and we meet the Financial Requirements to pass the dependent visa application. It's just whether we have to switch to dependent visa by law or whether we can just continue on the working visa.
    There's no mandatory requirement to switch categories.
    She can just continue with her current visa category insofar as it leads to settlement.

    There were some changes to this some time ago.
    You could take a review of this UKBA webpage called Changes to settlement requirements for Tier 2 migrants and work permit holders


    Quote Originally Posted by DenHaz View Post
    ..From reading around since the changes in April 2012 to dependent visa if she changes she loses her 3 years already accrued for indefinate leave as it is a change in visa and has to start her 5 years again for indefinite leave, which seems a little mean...
    Yes, unfortunately it's not currently allowed to carry over qualifying residence periods from one immigration category to another.
    Means it's better to continue to ILR (settlement) under her existing visa category (another 2 years) than to switch categories and start again with a 5 year clock to ILR


  5. #5
    Newbie (Restricted Access)
    Join Date
    May 2013
    Location
    STANMORE
    Posts
    4
    Rep Power
    0
    Quote Originally Posted by Terpe View Post
    There's no mandatory requirement to switch categories.
    She can just continue with her current visa category insofar as it leads to settlement.
    Oh, hmmm, someone told me you had to switch, if not then I think it's just best to stick out the working visa. I'll have a read of that link. Thanks for your input Terpe, very helpful.


Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Indefinite Leave to Remain pls help
    By rebin in forum UK Immigration
    Replies: 1
    Last Post: 17th May 2011, 00:46
  2. Indefinite leave to remain
    By Alharosh in forum UK Immigration
    Replies: 4
    Last Post: 27th December 2010, 21:36
  3. indefinite leave to remain
    By john sergison in forum UK VISA/British Citizenship
    Replies: 32
    Last Post: 11th August 2008, 21:38
  4. indefinite leave to remain visa How long does it take once posted to them
    By chippy in forum UK VISA/British Citizenship
    Replies: 5
    Last Post: 5th November 2007, 15:58

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Filipino Forum : Philippine Forum