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Settlement requirement for Tier 2 dependent before July 2012

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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iririr3
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Joined: Mon Feb 20, 2017 5:52 pm

Settlement requirement for Tier 2 dependent before July 2012

Post by iririr3 » Mon Feb 20, 2017 6:06 pm

Hi, I got my Tier 2 dependent visa in April 2012, entered UK in May 2012, extended it in 2015 to January next year.
My husband reached his Tier 2 5 year qualify period last month and plans to submit his ILR application next month, can I apply with him at the same time?
I just checked this document:
https://www.gov.uk/government/uploads/s ... ts-v12.pdf
On Page 29 it says:
o be granted indefinite leave to remain as the partner of a PBS migrant, the applicant must:
• be the spouse, civil partner, unmarried or same sex partner of a person who is being,
or has been, granted indefinite leave as a PBS migrant
• have, or have last been granted, leave as the partner of the person who is being, or
has been, granted indefinite leave as a PBS migrant
• have been living with the PBS migrant in the UK in marriage or civil partnership, or in a
relationship similar to marriage or civil partnership for at least:
o 2 years - for applicants granted leave as the partner of a PBS migrant under the
rules in place before 9 July 2012 and who have since had continuous leave in that
category

o 5 years – for applicants granted leave as the partner of a PBS migrant under the
rules in place on or after 9 July 2012, who have since had continuous leave in that
category and, during that period, have met all the requirements of paragraph 319C
(a) to (e)
• be in a subsisting relationship with the PBS migrant at the time the application is made
(for more information, see related link: 2.0 - Genuine and subsisting relationship)
• intend to live together permanently with the PBS migrant as their spouse, civil partner,
unmarried or same sex partner (for more information, see related link: 1.0 - Partners)
• meet the knowledge of language and life in the UK requirements - for more
information, see related link

I guess since I got my dependent visa before 9 July 2012, I only need to meet the old 2 year probation period requirement as long as I didn't have more than 180 days outside UK in any 12 months, is that right?
Any help would be great, thank you.

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CR001
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Re: Settlement requirement for Tier 2 dependent before July

Post by CR001 » Mon Feb 20, 2017 7:46 pm

I guess since I got my dependent visa before 9 July 2012, I only need to meet the old 2 year probation period requirement as long as I didn't have more than 180 days outside UK in any 12 months, is that right?
Yes, you can apply with him provided you meet the English requirement, LIUK and are within the absence limit as you have noted.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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