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Tier 2-dependent PBS eligibility to apply for ILR (5 year route)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ypan1988
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Tier 2-dependent PBS eligibility to apply for ILR (5 year route)

Post by ypan1988 » Wed Aug 11, 2021 10:35 pm

Hi,

I am going to apply to settle in the UK this November as I have been working continuously for 5 years under two Tier 2 visas. My Tier 2 visas are as follows:
1. 07/12/2016 ~ 14/11/2017 (Sponsored by University A)
2. 15/10/2017 ~ 14/04/2022 (Sponsored by University B)

My wife has been living with me for more than 5 years since she came to the UK. Her visas are as follows:
1. 11/06/2016 ~ 02/10/2016 (Tier 4, as a student of University A for a 10-week language course)
2. 07/10/2016 ~ 30/01/2018 (Tier 4, as a master student in University A)
3. 15/10/2017 ~ 14/04/2022 (Tier 2 dependent)

According to the guidelines on government website (https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa), it says
+ they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

My question is: is my wife eligible to apply for ILR (5 year route) this November with me? ?
She has been living with me since 13/06/2016 (over 5 years). Should we be concerned as she is on Tier 4 student visa for the first year and then on Tier 2 dependent for the following 4 years?? Thanks!

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zimba
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Re: Tier 2-dependent PBS eligibility to apply for ILR (5 year route)

Post by zimba » Thu Aug 12, 2021 12:41 am

No she is not eligible to apply with you. She must complete 5 years under the dependant route. She stays under her visa until she is within 28 days of completing her 5 years. The period she has lived with you is irrelevant
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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