Dependant eligibility for ILR

[RowanDrive]

Hi

I am currently on a GTV Exceptional Talent visa. Before that I was for 3y4m on Tier 2. This makes me eligible for ILR because I can count towards the 3 years required any time I spent on Tier 2.


My spouse has been with me on dependant visas since 2015. First as a Tier 4 dependant, then a Tier 4 Doctoral Extension Scheme (DES) dependant, then on Tier 2 dependant. Because her visa remain valid until 2024 she hasn't switched to GTV dependant. The gov.uk we page states that:

Your partner may qualify if all the following apply:

- they have permission to be in the UK as your partner (as a ‘dependant’ on your tier 1 visa)
- they’ve lived in the UK with you as your dependant for at least 5 continuous years
- your relationship is genuine
- you intend to keep living together
- you have enough income to support yourselves and your dependants
- you’re not using public funds (benefits)

Your partner can include time they’ve spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant).

Is she eligible for ILR given that she's still on Tier 2 Dependant, and she had spent less than 5years on it, but total time on dependant visas is > 5yrs.

Thanks

[zimba]

She is eligible for ILR as all the PBS dependant time counts as well

[RowanDrive]

Thanks Zimba

That's what I thought when I applied for both of us, thinking it is straightforward. But it has been 6 weeks with no response and I see people on standard are still getting it in less than 3 weeks. So I am starting to speculate about what could be the problem. The longer it takes, the less likely that it is an approval.

[CR001]

The longer it takes, the less likely that it is an approval.

You're being paranoid. Standard applications can take up to 6 months. You simply need to wait to hear back.

Based on a previous topic, you don't qualify for ILR until September 2023?

uk-global-talent-visas/using-previous-i ... l#p2090955

applying for 1 year only (because that's what I need before I am eligible for ILR), i.e. expiry date is September 2023.

[RowanDrive]

Not paranoid. But it is fair to say that the longer it takes while other standard applications are being processed in 2-3 weeks, the more likely it is turning out to be complicated (and I admit it is complicated, I think officers somewhere are arguing about my question on this topic and how should the guidance should be interpreted). Not saying it is gonna be rejected, just that it is apparently more complicated than the ones getting approved quickly.


I mentioned on that previous topic when the one year GTV I got expires, which is September 2023, but I had already spent 3 years on Tier 2 so got automatically eligible for ILR the day I got the GTV.

[zimba]

Every application is unique. What others are experiencing is not relevant to yours. Wait to hear back

[RowanDrive]

Received approval for both today!

[lolo2]

Congratulations!

I will embark on the same journey in a few days before the new fiscal year hits.

[AmazonianX]

Received approval for both today!

Congratulations