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ILR eligibility

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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AQBakhsh
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ILR eligibility

Post by AQBakhsh » Mon Feb 07, 2022 8:48 pm

Hi, i have a query if someone can help me with please.

I came to UK in 2016 on Tier 2 visa and in 2021 got ILR.

My husband came to UK as my Tier 2 dependant in 2017 and in 2021 changed his visa to FLR (M) family.

He has now completed his 5 years in UK. Can he apply for ILR based on these 5 years?. If yes what category he would apply under.

Any help would be much appreciated.

Thanks in advance.

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CR001
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Re: ILR eligibility

Post by CR001 » Mon Feb 07, 2022 9:03 pm

Can he apply for ILR based on these 5 years?.
No, he cannot.

Why did he switch to FLR(M) and not extend his PBS Dependent visa??

By applying and switching to FLR(M), his ILR clock has reset to zero and a new 5 year route (2 x 2.5 year visas) before he can apply for ILR on form SET(M).

For ILR based on 5 years residence, he cannot mix and match visa categories. He needs a single visa category for the whole 5 years.
Char (CR001 not Casa)
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AQBakhsh
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Posts: 2
Joined: Mon Feb 07, 2022 4:34 pm
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United Kingdom

Re: ILR eligibility

Post by AQBakhsh » Mon Feb 07, 2022 9:12 pm

Thanks for prompt reply.
Thats disappointing.
We didnot know if we can extend the PBS dependent visa, given than i now hold the ILR not the Tier 2 Visa.

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CR001
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Re: ILR eligibility

Post by CR001 » Mon Feb 07, 2022 9:21 pm

If the main PBS visa holder gets ILR based on 5 years PBS route, the rules allow dependents to continue extending their PBS dependent visas.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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