Indefinite Leave to Remain

[talreh20]

Dear Members,

I am asking this question on behalf of a friend.

He was on Tier 1 Enterprenuer and his visa was expiring in April 2021 after getting the first extension, however he completed his 10 years in the UK in December 2109 and got ILR (LR) in Feb 2020. His wife was his dependant on Tier 1. He has not switched his wife's visa to spouse visa after getting ILR. His wife will complete 5 years as a Tier 1 Dependent in April 2021. Is there a way that she can apply for ILR after completing 5 years in this category.

I have tried to explain it as much as i could but if you have any further questions, please ask.

[CULLINAN]

Dear Members,

I am asking this question on behalf of a friend.

He was on Tier 1 Enterprenuer and his visa was expiring in April 2021 after getting the first extension, however he completed his 10 years in the UK in December 2109 and got ILR (LR) in Feb 2020. His wife was his dependant on Tier 1. He has not switched his wife's visa to spouse visa after getting ILR. His wife will complete 5 years as a Tier 1 Dependent in April 2021. Is there a way that she can apply for ILR after completing 5 years in this category.

I have tried to explain it as much as i could but if you have any further questions, please ask.

No. His wife should have switched on to FLR(M) after your friend got ILR via LR.

She is lucky her visa is not curtailed yet.

Note, she must switch to FLR(M) and stay on that route for 5 years before she can apply for ILR in 2025.

Her current visa can be curtailed OR she can be denied entry in UK if she travels.

[CR001]

Also, the rules regarding this changed in April 2014, so have been in place for a long time now, see link below.

https://www.immigrationboards.com/immig ... 43881.html

There is no way at all that she can apply for ILR based on PBS dependent route if her spouse got ILR based on long residence.

[talreh20]

Thank you both for your answers. Highly appreciated.