ILR application

[Dryaso83]

Hi,
I was on a tier 4 Visa and my wife was dependent on me for 4 years. Without leaving the UK. I applied directly and got my first 5 years tier 2 visa issued on 17/08/2016 to 31/08/2021. I applied to my wife as dependent on my Tier 2 visa using standard service. She got her Visa issued on 17/11/2015 to 31/08/2021.

I know that I will be able to apply for my indefinite leave to remain ( ILR) on 19/07/2021 (28 days before 5 years). However, I am not quite sure about my wife case. How will the home office count the 5 years?

1) Is the condition only that she has been living in the UK with me for 5 years? Which in my case she will be living continuously with me in the UK for 8 years and 9 months dependent on my Visas (tier 4 and 2) without any gap.
2) Or the 5 years will be counted from the issuance date of her tier 2 dependent Visa? In this case what I should do?
3) Finally, should I apply for my wife using ILF application form set (O) or (M)?

I really appreciate your help in advance.

[zimba]

You were advised clearly on this almost a year ago: indefinite-leave-to-remain/ilr-for-a-ti ... 95706.html

Your wife is eligible when you are eligible

[Dryaso83]

Yes,You are right.

What happened is that I have spoken with the home office by phone and I have been told that my wife has to apply for extension visa for 2 months before applying for ILR.

Thus, I am wondering if there is any document available on gov.uk that I can quote to support my case to apply directly without extension because this will save much money and time. I would appreciate if you can kindly refer me to any policy or document available since,, I am very confused.

I really appreciate your help.

[zimba]

There is no immigration helpline. Those advisors are third parties who often give incorrect advice (leading to many cases of refusals reported by members over the years). Don't rely on telephone conversations nor correspondence with the Home Office.

As per immigration rules, your wife needs 5 years under PBS dependant route. As long as the main applicant is eligible for ILR (or was granted ILR) she can apply for ILR. She has been under that route since you were under Tier 4. There is no difference between the Tier 2 or Tier 4 dependants etc, they are all under the same PBS dependant route.

[Dryaso83]

This is new for me. I was thinking those homeoffice advisors are the one who will responsible for handling the application.

Please do you know any document that may confirm that my wife is eligible to apply directly. My apology if I repeat the question again.

Actually, I am so worry because if my wife gets ILR rejection, she may have gap because of that. Therefore, I was trying to find anything on gov.UK but I cannot find any.

Honestly, if you refer me to any document, you will really make my life much better.

Thanks in advance.

[zimba]

see Settlement (Indefinite Leave to Remain) in
https://assets.publishing.service.gov.u ... 0_v1.0.pdf

[Dryaso83]

Many thanks.

Is there any specific section , I can read?

[zimba]

see Settlement (Indefinite Leave to Remain) in
https://assets.publishing.service.gov.u ... 0_v1.0.pdf

Length of time in the United Kingdom needed to qualify – settlement - Partners

[Dryaso83]

Many thanks , I am going to read it. Thanks for your time .

You are so helpful .

Merry Christmas in advance.