Transitioning from Tier 2 General to Dependent of Spouse: Applying for ILR in the UK

Many professionals in the UK who hold a Tier 2 General visa might consider transitioning to a dependant visa of their spouse who is also in the same visa category. This article aims to clarify the process, especially regarding the eligibility for Indefinite Leave to Remain (ILR). This guide is designed to provide comprehensive information for individuals within the UK immigration system.

Understanding the ILR Requirement

The primary requirement for applying for ILR is the accumulation of a minimum of 5 years of continuous residency in the UK. However, there are specific conditions and exceptions to this rule, particularly for those who are transitioning from one visa category to another within the family sponsorship system.

Using Your Tier 2 General Residency for ILR

When transitioning from a Tier 2 General visa to a dependant visa (such as a spouse visa), you should note that your time spent under the Tier 2 General visa does count towards your residency period for ILR. However, there are a few key points to consider:

Your time as a Tier 2 General worker will contribute to your residency period. This means that if you have been on a Tier 2 General visa for 2 years, those 2 years count towards your 5-year requirement. It is crucial to apply for the dependant visa as part of the same application as your spouse. If you apply separately, your 2-year period might not count. If your spouse's application for ILR is successful and she becomes a British citizen, you might also qualify for ILR as a dependant under the same application.

Direct ILR Application: 10-Year Category

There is an expedited route available for those who have accumulated 10 years of residencies in the UK under any visa category that allows for settlement, such as a Tier 2 General visa. Under this 10-year category, you can directly apply for ILR, even if you are a dependant of your spouse.

Dependent Visa Application Process

When your spouse applies for a dependant visa, you should include your personal information in the same application if you want your 2-year period to count towards your residency requirements. Here are the steps to follow:

Ensure that you have been residing continuously in the UK for at least 2 years as a Tier 2 General worker. Prepare all necessary documents such as your biometric information, a valid passport, proof of relationship, and evidence of your employment. Submit the application for your dependant visa as part of the same application as your spouse. Make sure to mention your 2-year period and include it as part of your residency requirements. If your spouse's application is successful and she receives ILR, then your 2-year period will count towards your residency requirements.

What Happens if Your Spouse Loses Her Visa?

It is important to understand that if your spouse loses her visa, you will not be eligible for ILR at the same time. This means that if the application is not successful, neither of you can apply for ILR at that time. However, you might be able to apply for ILR under a different category, such as the 10-year category, once you have accumulated the necessary residency.

Conclusion

For those holding a Tier 2 General visa considering a transition to a dependant visa of their spouse, it is critical to understand the system and timing requirements. Your 2-year period can count towards your residency requirements, provided you apply as part of the same application as your spouse. Always ensure that you consult with a legal expert or an immigration solicitor to navigate the intricate details of the UK immigration system.

If you need more detailed guidance on the entire process, including the application forms, fees, and documentation, it is advisable to visit the official website or consult with a reputable immigration solicitor.