ILR for tier-2 dependent with break in continuous residence and current extension expiring

All help appreciated.

My wife's current leave to remain as tier-2 dependent expires in March 2025. I am trying to figure out if I can apply for ILR without necessarily applying for another extension.

Wife was first given a tier-2 dependent visa in October 2019. She came to the UK and returned back to Pakistan for completing her degree. Completion was expected in February 2020 but due to Covid restrictions she was only able to come back in July 2020.

If I start the five year period from July 2020 then she would be eligible for ILR in June 2025. Her current dependent visa expires in March 2025 so she has a two/three month gap.

If I start the five year period from October 2019 then she has already met five years in October 2024.

If I start the five year period looking backwards from 1 Feb 2025 then she will meet five years test.

How should I count the five years? Is there a way to legally apply for ILR now instead of applying for an extension? If I apply for an extension I need to pay the extension fees plus IHS for three years.

Counting backwards by assuming an ILR decision date

See: Applicants can benefit from the date of the ILR decision

zimba wrote: ↑

Tue Jan 28, 2025 4:19 pm

Counting backwards by assuming an ILR decision date

See: Applicants can benefit from the date of the ILR decision

Hi Zimba

Thanks. Does it mean I can apply for ILR right now because if I counts backwards it would meet 5 years test?

Yes assuming you do not fail the absence limits

Thanks
Just to confirm, when counting backwards would they still count my period from 2 Feb 2020 to July 2020 assuming I count backwards from 1 Feb 2025? The reason I ask is because those first five months are part of my long absence during October 2019 and July 2020 and I saw at one post that only the period after entry after long absence will be counted.

Yes they will count that but then it will be less than 180 days within the 5 year qualifying period

Perfect. thank you.

Quick follow up question.

Would it make any difference if I am apply for priority service vs normal service? For personal reasons, I am thinking to apply priority.

This is your call as you have to pay extra for priority service

Thanks
We got her ILR two days after we applied