Dependent ILR Application

Hi All,

My wife had ECAA Ankara Agreement on January 2012 and after we married on Sept 2013 she changed her valid visa type to Tier 1 dependent on March 2014

I had my Tier 1 on 30.01.2011 and I will be applying to ILR on 30.01.2016
That means
I lived here for 5 years
My wife lived here for 4 years (2 Year ECAA and 2 Year Dependent)

As far as I understand my wife has to wait at least one more year to apply ILR but my concern is will the first 2 years of ECAA visa be counted for 5 years? if not then will she need to wait March 2019 ?
I have read the document below but couldnt find anything saying if previous valid visa is counted on calculating 5 years or not

https://www.gov.uk/government/uploads/s ... _final.pdf


Does anybody have any idea about this issue if not where should I ask?
Thanks

EDIT: on https://www.gov.uk/settle-in-the-uk/y/y ... -1-general another visa types are listed but I dont know if any of those covers ECAA

"The 5 years can include time in the UK on another visa if it was one of the following:

Tier 1 (General)
Tier 2 (General)
Tier 2 (Minister of Religion)
Tier 2 (Sportsperson)
Highly Skilled Migrant Programme
Work Permit
Innovator
Self-Employed Lawyer
Writer, Composer or Artist"

She needs 5 years as Tier 1 dependent to qualify for ILR.

Thanks CR001

Hi All,

My wife had ECAA Ankara Agreement on January 2012 and after we married on Sept 2013 she changed her valid visa type to Tier 1 dependent on March 2014
I got ILR on 30.01.2016 and then she applied for Tier 1 Dependent extension and got the extension 16.01.2016 for 3 years.

The problem we have at the moment is on 16.01.2019 she still has 5 days more to complete 5 years in Tier1 Dependent visa to qualify for ILR. But that time Tier 1 extensions will be closed and we won't be able to extend for 5 days to apply ILR for her.
What would be your suggestions? Should she apply this year again for Tier1 dependent extension to cover the remaining 5 days?

Thanks

There's no indication that the PBS dependant category will be closing.

Hi,
Yes it is not mentioned on their website
But they told us that dependents will not be able to apply after 6 April 2018 on the phone

Should we trust to the information on website or to the information that they told us on phone

In the latter case we will need to apply FLR which will mean my wife will need to wait 5 years
(Given that she has been in legally UK since 2012 she will be able to be resident by 2021 :!!!)


"You may be able to apply to settle once you’ve been in the UK for 5 years. You can apply to settle as a Tier 1 (General) worker until 6 April 2018."

Is there any consultants/lawyers that can help us on this?

Thanks

It's likely that the responder was confused between the immigration rules relating to Tier 1 (General) holders and their partners. The former is subject to 245CD and the later falls under 319E.

If you speak to a different person on the phone, then you may also get a different answer.

Thanks Vinny,

I read your reference links and feel more confident now,

In this case we will apply for another another 3 year extension and by 2019 Feb we will be applying to ILR