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Qualifying criteria for ILR for tier 1 dependant and FLR (M)

Posted: Mon Nov 18, 2019 12:29 am
by raazX
Hi All.

Just wondering if anyone can help please. I entered in the UK on 7 April 2014 as a dependant of my Husband who was on Tier1 General (PBS) at the time. My visa was Tier1 General partner/dependant which was in line to my husband visa expiry date.

In June 2016 my husband applied for ILR based on completing 5years on tier1 general using SET O applicaton and i applied for tier1 dependant. However few months later my husband completed 10years in the UK so he decided to vary his Set O application which was still pending with the HO to Set LR based on long residence hence i had to vary my application to FLR M.

Both our applications got approved my husband got ILR based on 10years long residence and i got Spouse/partner leave to remain for 2.5 years which is expiring next month in december 2019. so i have now been over 5years in the country on 2 different category Tier 1 Dependant and Spouse of settled person.

My question is can i apply for ILR in December based on 5years as i have been in the country for continuos over 5years or i have to wait another 2.5 years by applying for another FLR M application before making a ILR application. Hope my query make sense.

i am getting conflicting information so any advise will be really appreciated thank you x

Re: Qualifying criteria for ILR for tier 1 dependant and FLR (M)

Posted: Mon Nov 18, 2019 12:37 am
by Casa
Unfortunately, your immigration 'clock' was re-set to zero when you switched to FLR(M). You'll have to complete 5 years under this category before qualifying for ILR.

However, all legal residence can be counted for ILR under 10 years long residence.

Re: Qualifying criteria for ILR for tier 1 dependant and FLR (M)

Posted: Mon Nov 18, 2019 1:05 am
by raazX
Thank you for quicky reply Casa, thats what i found in my research over past few days but wanted to confirm from someone reliable. I still find it bit silly because when you run a check on Gov.uk to find if you are eligible to settle in the UK it gives the outcome 'yes'and doesnt mention anything about split immigration history background. Never mind i will apply for FLR M again in next few days. Takecare