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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, I have been on tier2 dependant visa since November 2009

Customer Question

Hi, I have been on tier2 dependant visa since November 2009 and staying in uk continuously since then but now I have got a training doctor post after RLMT .So I would need to change my visa to tier2 general. Will I still be able to apply for indefinite leave in nov 2014 as I will be completing 5 years in uk.
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  Howard replied 9 months ago.
Your time as a dependant will not count toward ILR under the 5-year rule. You will need to apply from outside the UK and your qualifying period will commence from when you enter the UK with a Tier 2 General visa.

When does your partner complete 5 years for ILR?
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.
He will be applying for ILR in September 2014.
Expert:  Howard replied 9 months ago.
It is a difficult situation. By taking the job and switching to Tier 2 General you will reset the qualifying period for ILR (although technically you have not built up any qualification yet as qualification for ILR is dependant on your husband).

There is unfortunately no easy way around this - if you want to take the job you will need to obtain a Tier 2 General visa. If you can wait until next year then you will hopefully be able to qualify for ILR with your husband and become free of immigration restrictions.

Very awkward!
Customer: replied 9 months ago.

Hello,


 


If my husband becomes Point based system Tier 2 British citizen in 2 years time, and then re applies for my dependant visa then will that visa have any restriction of doctor in training post on it.


 


Many Thanks for your help.

Expert:  Howard replied 9 months ago.
Why would he do that? I understood that he will qualify for ILR? If he gets ILR then you could apply for a Spouse visa if the requirements are met. There is no restriction on working as a doctor in training on a Spouse visa.
Customer: replied 9 months ago.

This means if I take up my training post as a doctor and my visa changes to tier 2 general now. Then next year when my husband gets ILR and after that he applies my spouse visa, then it would have no restriction of working as a doctor in training ( I am asking this because my current Tier 2 dependant visa had a restriction of doctor in training).


Many Thanks for your help.

Expert:  Howard replied 9 months ago.
Yes, you have understood correctly.

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