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Hi All,
Can you please help with the enquiry below.
I am due to apply for ILR at the end of my current 5 years tier 2 general visa in February 2021. However, I just realised that my wife's tier 2 dependent visa, which is expiring at the same time as mine, was issued for 4 years 10 month 21 days, partly because her visa was processed via the UK standard service when she switched from tier 4 dependent visa in March 2016. Prior to being on tier 2, I was on tier 4 visa between October 2012 - February 2016 while my wife was on tier 4 dependent visa during this period. We have been living together in the UK since 2012.

My question - can she combine the time on both tier 4 dependent and tier 2 dependent visas to meet the ILR requirement for the 5 years continuous residence in the UK?

Thank you for your help.

No, your wife can't combine tier 4 & tier 2 dependent visas, however, she can still apply for her ILR just a day or two before her current visa expires. But ensure you book her biometrics appointment only after she becomes eligible for ILR, i.e. when she meets 5 years minus 28 days requirement.

Thank you so much for your reply.
What I understand from your response is that the 5year period is calculated from the day she gives her biometrics and not from the date she applies for the ILR. Is this understanding right?

This is also taking into considering the 28 allowable days.

Many thanks

Generally it's the application date, but because she is just short of few days the caseworker will consider the eligibility at the time of biometrics.

She will still make in-time application, i.e before her visa expires and give biometrics after she is eligible for ILR.

Lots of people on this forum have done this successfully.

The other way to get around would be to apply for tier 2 dependent extension and then vary it to ILR application when she reaches the eligibility date. As I said, first option is easy.

Once again, thank you very much. I would let you know how it goes.

srsw wrote: ↑

Tue Dec 29, 2020 5:07 pm

No, your wife can't combine tier 4 & tier 2 dependent visas, however, she can still apply for her ILR just a day or two before her current visa expires. But ensure you book her biometrics appointment only after she becomes eligible for ILR, i.e. when she meets 5 years minus 28 days requirement.

That is incorrect advice. There is NO difference between the PBS dependant visas. There are NO such specific categories. 5 years spent under PBS dependant visa counts towards ILR under PBS

Zimba wrote: ↑

Wed Dec 30, 2020 1:27 pm

srsw wrote: ↑

Tue Dec 29, 2020 5:07 pm

No, your wife can't combine tier 4 & tier 2 dependent visas, however, she can still apply for her ILR just a day or two before her current visa expires. But ensure you book her biometrics appointment only after she becomes eligible for ILR, i.e. when she meets 5 years minus 28 days requirement.

That is incorrect advice. There is NO difference between the PBS dependant visas. There are NO such specific categories. 5 years spent under PBS dependant visa counts towards ILR under PBS

Apologies and thanks for correcting.

For e.g someone on two years as tier 4 PBS dependent + three years on Tier 2 dependent visa would be eligible to apply for ILR even before main applicant reaches ILR eligibility?

srsw wrote: ↑

Wed Dec 30, 2020 2:10 pm

Zimba wrote: ↑

Wed Dec 30, 2020 1:27 pm

srsw wrote: ↑

Tue Dec 29, 2020 5:07 pm

No, your wife can't combine tier 4 & tier 2 dependent visas, however, she can still apply for her ILR just a day or two before her current visa expires. But ensure you book her biometrics appointment only after she becomes eligible for ILR, i.e. when she meets 5 years minus 28 days requirement.

That is incorrect advice. There is NO difference between the PBS dependant visas. There are NO such specific categories. 5 years spent under PBS dependant visa counts towards ILR under PBS

Apologies and thanks for correcting.

For e.g someone on two years as tier 4 PBS dependent + three years on Tier 2 dependent visa would be eligible to apply for ILR even before main applicant reaches ILR eligibility?

No. A PBS dependent can only apply for ilr at the same time or after the main pbs migrant is or already has ilr.

A PBS dependent cannot apply for ilr independently based on 5 years residence.

CR001 wrote: ↑

Wed Dec 30, 2020 2:12 pm

srsw wrote: ↑

Wed Dec 30, 2020 2:10 pm

Zimba wrote: ↑

Wed Dec 30, 2020 1:27 pm

srsw wrote: ↑

Tue Dec 29, 2020 5:07 pm

No, your wife can't combine tier 4 & tier 2 dependent visas, however, she can still apply for her ILR just a day or two before her current visa expires. But ensure you book her biometrics appointment only after she becomes eligible for ILR, i.e. when she meets 5 years minus 28 days requirement.

That is incorrect advice. There is NO difference between the PBS dependant visas. There are NO such specific categories. 5 years spent under PBS dependant visa counts towards ILR under PBS

Apologies and thanks for correcting.

For e.g someone on two years as tier 4 PBS dependent + three years on Tier 2 dependent visa would be eligible to apply for ILR even before main applicant reaches ILR eligibility?

No. A PBS dependent can only apply for ilr at the same time or after the main pbs migrant is or already has ilr.

A PBS dependent cannot apply for ilr independently based on 5 years residence.

Ah, got you. Thanks for the correction @zimba & @CR001. Apologies @aj235 for the confusion/incorrect advice. I hope it's clear with additional inputs.

Hi @Srsw, @Zimba and @CR001, thank you so much for the updated information - well appreciated.