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Question: About Proposed Civil Partnership visa Indefinite Leave to Remain

Posted: Mon May 15, 2023 3:53 pm
by CSun
Will the 6 months period of the proposed civil partner visa be counted into 5 years requirement?

My girlfriend will apply for a spouse visa on top of my T2 visa. Since we have not got the civil partnership certificate yet, she can only get a 6 months visa as a proposed civil partner. My question is that will these 6 months be considered in the 5 years requirement to apply for a UK Indefinite Leave to Remain?

Much appreciate it if anyone could help!

Best
Charlie

Re: Question: About Proposed Civil Partnership visa Indefinite Leave to Remain

Posted: Mon May 15, 2023 4:11 pm
by meself2
No.

Re: Question: About Proposed Civil Partnership visa Indefinite Leave to Remain

Posted: Mon May 15, 2023 4:22 pm
by meself2
Safety check - is your partner applying for a spouse visa (which she can only do if you're settled) or a PBS dependent (as you're on T2)?

Assuming OP is on Tier 2 (Skilled Worker), the spouse would later be applying to be a PBS dependent.
Qualifying period requirement for settlement as a dependent partner of a Skilled Worker
SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.
If OP is settled and it's a spouse visa - doesn't count either.
The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the UK for 5 years continuously on a family visa as a partner.

You cannot include time you’ve spent in the UK:

on any other visa
as a fiancé, fiancée or proposed civil partner