5 Year Probationary Period

Hi All,

I and my wife have been living together in UK since 2008. But she was on her student visa for 1st year, than her own Post Study Work visa for 2 years and then Tier-2 visa until March 2013 when she became my dependant.

Only reason she did not become my dependant earlier was Because AT THAT time my wife would have need to travel back home to become my dependant, and we really didnt want to get her stuck their waiting for Visa.

We have all the proofs that we have been living together in a married life since 2008.

The only reason Home Office increased the probationary period was to give more time (i.e. from 2 to 5 years) to prove that the relationship is genuine and subsisting. Kind of unfair that this does not apply to me - as I can already prove that it does.

Is there any way out of this and if my wife can apply for ILR now rather than wait for another 3 years .. which means another expensive extension for 4 months before being able to apply for ILR?

Many Thanks,

Is there any way out of this and if my wife can apply for ILR now

No, unfortunately not.

than wait for another 3 years .. which means another expensive extension for 4 months before being able to apply for ILR?

She will need to have 5 years residence as a PBS dependent to qualify for ILR. What is the start and expiry date of her current visa?

I don't remm the exact dates - but she will fall 4 months short of her ILR - hence will need a 3rd visa extension before getting an ILR.

Then they HO complain why people call them a money making machine

My personal opinion .. and this is my opinion only - 2 years / 5 years .. is not a factor that can judge Genuine relationship. This is just another way to make money out of an extension

The immigration numbers keep on growing as EU is the issue - other immigration channels they have already closed. Illegal immigrants form a very small portion - and when are the punished even when caught.

People who get caught in their tightening of policies are genuine people who work hard and actually contribute to the economy. #FACT

Yes, it is unfortunate that genuine migrants suffer when immigration rules become harder, but it is the minority who abuse the system that cause this.

If your spouse has already been in the UK for 2 years as your PBS dependent, then hopefully UKVI might issue an extension to cover the balance of the period required for ILR 5 years. Apply for her extension as close to the expiry date of her current visa.

Thanks for appreciating my view point .

Unfortunately she has already applied for an extension. And they did not cover up the gap despite us requesting it. Case Worker Discretion .. am sure you know it all. Another GBP 2K + INFLATION + SOME MORE TOP-UP fees in 3 years time

ILRapplication80 wrote:I don't remm the exact dates - but she will fall 4 months short of her ILR - hence will need a 3rd visa extension before getting an ILR.

Then they HO complain why people call them a money making machine

Hi Mate.

My friends wife was JUST 16 days short of ILR period (5 years) she applied for 3rd extension and the day she received visa she applied for ILR again.

Can some senior member please help me interpret this - from what is written in it .. from what it sounds like if I can prove the following .. can I apply for her ILR.

1) The cohabitation period of myself and wife as 5 years in UK
2) Last 2 years when she has been my dependant

or am I missing something from the below ???


I have taken the below from Immigration Directorate Instruction Family Migration Document


The applicant must provide evidence covering this 5-year period that they:

i) Have been in a relationship with the same relevant PBS migrant for this entire period;

ii) Have spent the most recent part of the 5-year period with leave as the partner ofthat relevant PBS migrant, and during this period have met all of therequirements of paragraph 319C(a) to (e); and

iii) Have spent the remainder of the 5-year period, where applicable, as the spouse,civil partner, unmarried partner or same sex partner of that person at a time when that person had leave under another category of the Rules

why do the make immigration laws so difficult to intrepret

Ok No worries guys . I think I understand it

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

So it is not necessary to have 5 straight continuous years as dependant .. but required to

a) spend 5 years as dependant
b) latest leave should be of a dependant.

They were not clear in their directives - the above simplified sentence I found somewhere else

Another couple of question for the senior members over here please

1) I will hopefully be applying for my naturalization in Dec 2015. So will my wife be elligble to apply for her citizenship as soon as she is granted an ILR 3 years down the lane. Or will she need to wait another year to do so after being granted an ILR.

2) Is the income requirement for PBS Dependant true for each extension she applies for within UK now? I am not sure but I heard from someone it is only applicable for those who are making an application for entry clearance?


Many Thanks,

1. Once granted ILR she will be able to apply immediately for citizenship based on 3 years residence as spouse of BC (if you are BC then) provided she meets all the standard requirements and is within the absence limits. She will not have to wait 12 months on ILR.

2. Am not 100% sure but someone should be able to answer this one for you.

Thanks .. you are one of the best members around beside Vinny & Amber ... a fountain of knowledge on immigration

Thank you