5 year period for wife's ILR

[MarkCa]

Hi,

My wife will apply for ILR in a few weeks. She has always been my PBS Dependant and she has been in the UK for almost 6 years. I received my ILR a year ago.

Which guidance should she follow and what supporting documents should we add for her application?

Thanks!

[zimba]

Apply online using form SET(O)
The system will tell you what to send

[MarkCa]

Hello,

I am not sure when my wife can apply for the ILR. We came to the UK together, and she was PBS Dependant at all times. I first had graduate entrepreneur visa (1 year), then entrepreneur (3 years), and applied for/received ILR based on entrepreneur accelerated route.

This is her timeline:

- Her first BRP is from 28.11.2017 and this was while I was Tier 1 Graduate Entrepreneur
- We entered the UK on 14.12.2022.
- She got new BRP issued 27.11.2018 when I switched to Tier 1 Entrepreneur
- She then extended BRP last year when I received ILR

Since the question in the form is: "What was the first date you entered UK", she will put 14.12.2017.

My questions:

1. Is 28 days counted back from her entry (since this is the question) or from BRP date? Should we use 14.12.2017 or 28.11.2017?

2. Since I was initially on Tier 1 Graduate Entrepreneur, which doesn't count towards ILR, does this influence her first BRP or not? Can she claim time as PBS dependant while I was on Tier 1 Graduate Entrepreneur or should she wait one more year for 5 years starting from 27.11.2018. when I became Tier 1 Entrepreneur?

Thank you!

[MarkCa]

Sorry, I don't have edit option anymore.

Her passport visa says that entry to the UK is from 12.12.2017. I am not sure why is her BRP showing earlier date than her visa stamp.

Therefore:

- Her visa page in passport says that she can enter the UK between 12.12.2017 and 11.01.2018.
- Her BRP starts from 28.11.2017.
- She entered the UK on 14.12.2017.

Her first year as PBS Dependant was while I was Tier 1 Graduate Entrepreneur.

What date should I use to deduct 28 days from?

Thank you!

[contorted_svy]

Has she been on the same type of visa for 5 years? If so, she can apply provided she is on the 5 years route. She will need to count down 28 days from when her visa was first issued (not the BRP or the first entry in the UK).

[MarkCa]

She had PBS dependant visa since the moment she came to the UK.

Does it matter which visa I had or PBS dependant is the same regardless of main visa?

[contorted_svy]

If she always had PBS dependent and you have ILR she can apply.

[MarkCa]

Thank you!

[MarkCa]

Hi, we will probably apply for her ILR in 2 days.

Can anyone else please confirm that since she was PBS dependant while I was Tier 1 Graduate Entrepreneur, that will count towards her 5 years stay although it didn't count for mine?

As I explained above, I was graduate entrepreneur and then 3 year accelerated entrepreneur towards ILR (which I have now).

She obviously didn't have any benefit from my accelerated route, but is it certain that she can claim time as PBS dependant of graduate entrepreneur?

Thanks, and sorry for asking again, I would just appreciate if any of the moderators could confirm this as ILR is quite expensive and she has BRP valid for 2 more years so we are not in rush.

[zimba]

Yes. PBS dependant visa is the same route for Tier 1GE and Tier 1E dependants

[MarkCa]

Thank you!

[MarkCa]

Hi, my wife has submitted the application and now she needs to upload documents. Her latest PBS dependant visa was approved 10 months ago.

Should we send evidence of our relationship (marriage) for the last 10 months or more (if more, is it 2 years or something else)?

[CR001]

2 years evidence in both your names of cohabitation to support subsisting marriage/relationship.

[MarkCa]

Thank you!

Regarding the consent which should be signed, it has three parts:

1. Consent to the Home Office to verify application information - this is signed by my wife
2. Consent for the Home Office to verify Third Party Information - this should be signed by me?
3. Consent for the Home Office to verify information from third party sponsor - should I sign this or not? It says that this part is about financial support, but although she was my dependant I am not sure she will need this for ILR?

Can you please confirm regarding parts 2 and 3?

[zimba]

Ignore part 3

[MarkCa]

Her ILR application was successful. Thank you for your help!