COMBINATION OF VISA. AS GUIDELINES CHANGED PLEASE HELP

Please help

My husband got ILR based on long residence in January 2022.

My visa was expiring in August 2022
I could only extend my dependent visa only if my husband has gained ILR via other routes so I had no other option left.
Hence I switched my visa from dependent visa to spouse visa.

But the guidelines changed in April 2023 and hence now Spouses of ILR Long Residence (Main Applicant) can also extend their visa to complete 5 years.

My 5 years are due to complete in June 2024.
Can I apply for ILR adding times of both visa.

I know we have to follow 1 route either dependant or spouse to complete 5 years.

But in my case I did not have that option hence I had to switch so will the home office will consider this and grant me ILR if I apply for ILR in June 2024.
Reading new guidelines I am so confused.

Please help me understand these lines as well I'm posting from the new guidelines.

"If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant PBS route at the time when they settled, their partner can extend
their permission or gain settlement as a dependant under these routes. "


BELOW LINES PLEASE EXPLAIN

If the partner has switched into the partner of a settled person category they cannot
apply for settlement unless they switch back to the relevant route.
For more
information relating to partner of settled person see Appendix FM guidance.

Where the lead applicant has been granted British citizenship, their dependants can
still apply if they held permission as dependants at the time"

MY QUESTION IS :
Do I need to switch back to the dependent visa again and if yes how because my husband is now a passport holder.

Please help I would be really grateful

This is an interesting case, so here is my take on it. You may switch back to the skilled worker dependant route to benefit from the rules under that route. The switch is possible because of the paragraph SW 26.2 of the rules:

SW 26.2. An application for entry clearance or permission to stay as a partner or child of a Skilled Worker must meet all the following requirements:
(a) any fee and Immigration Health Charge must have been paid; and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
(d) the applicant must be applying as partner or child of a person (P) who:
(i) has made a valid application for entry clearance or permission to stay in the UK on the Skilled Worker route that has not been decided; or
(ii) has entry clearance or permission to stay on the Skilled Worker route; or
(iii) is settled or has become a British citizen, providing that P had permission on the Skilled Worker route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled

Why switch you may ask? It is because the ILR qualifying period under the skilled worker route simply requires you to have been in the UK as a partner of the skilled worker. You need to have had a dependent partner visa when your spouse settled and now also hold such a visa for ILR:

SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
(a) P is, at the same time, being granted settlement as a Skilled Worker; or
(b) P is settled in the UK or has become a British citizen, providing P had permission as a Skilled Worker when they settled and the applicant either:
i) had permission as P’s partner or child at that time; or
ii) is applying as a child of P, and was born in the UK before P settled.
SW 39.2. The applicant must either:
(a) have last been granted permission as a dependent partner or dependent child of the person (P) in SW 39.1; or
(b) have been born in the UK and be applying as a child of the person (P) in SW 39.1.

So, I'd say you switch back to the route nd apply for ILR using form SET(O) which should succeed as above

Thank you so much Zimba for your reply.

My entire timeline is

I came to UK in 16 June 2019 on Tier 2 Worker dependant visa on which i spent almost 2 years then I changed my visa to Tier 1 Startup Visa Dependant for 1 year.
3 years on dependant Visa in total

I had to complete 2 more years to get my ILR due on June 2024 but then due to guidance of August 2022 I had no option left than to extend my visa as a partner so I switched to Partner route and my time resets to Zero.

I gained Partner visa in September 2022 and I spent almost 1.5 year on this visa from September 2022 to December 2023.

So my questions are ?
1. So as per new guidance does that mean I have to switch in any case..?

2. If thats the case will my time reset again to zero.?

3. If not can I count this 1.5 years spent as spouse visa towards ILR? Or will this period be deducted and if yes where is my fault ?

I had to be on any visa to stay in UK so what is my fault?

4. If I stay on the spouse visa will i not get settlement as per guidelines and what if I switch and then guidelines again change.

Obviously I would love to get my ILR sorted as soon as possible but these lines are giving me headache.

I JUST HAVE ISSUE WITH THESE LINES AS THESE ARE SOLELY FOR THOSE WHO HAVE CHANGED VISA

If the partner has switched into the partner of a settled person category they cannot apply for settlement unless they switch back to the relevant route.

If I switch my time gets zero If I don't switch I will not get settlement.
If I switch can i combine time if not thats a very critical and unfair scenario for me.

I am very confused now what to do ?
Please help me out
I would be genuinely very grateful

Thank you so much for your platform through your post I got to know about this new guidance otherwise I would never knew about it.

Adding further to be exact

My husband was on Student visa for 5-6 year
Then Tier 2 visa for 2 years
Then Tier 1 Startup visa for 2 years but his time was completed before he completed his last visa so he changed to ILR (Long Residence)

I joined him as a dependant Tier 2 for 2 years
And then I got visa dependant Tier 1 for 1 year only

So his last visa was Tier 1 startup not Tier 2 skilled worker and My last visa was Tier 1 startup dependant.

The rules suggest that by switching back you can combine all the time as a partner. The rules do not specify the 5 years must have been spent under the skilled worker's dependant route at all and hence the expression 'permission as their partner'. They simply say you should have been a partner and as long as your last visa was under the skilled worker's dependant route, you can settle after 5 years

So my last visa was Tier 1 startup visa dependant not Tier 2 skilled worker visa although these time periods can be combined if we follow on dependant route.

So I have now told you the complete picture of where I stand in terms of visas and what I have done till date.

Now what do you suggest in my circumstances

Does this rule apply to me?

Can I switch back ? Or should I switch back?

Or

Should I continue my Spouse Visa and complete another 3.5 years or
Can I be able to apply settlement after 5 years on this visa ?

PBS dependant route was the same visa route for all Tier 1, 2,4, etc dependants. Time spent under all dependant/partner routes counts as I explained above. You need to switch and then you apply for ILR when you have 5 years

So you mean

I can switch back to Tier 1 dependant again and count

2 years as Tier 2 dependant
1 year as Tier 1 dependant
2 Years on Spouse Visa

Making it 5 year in total

And In June 2024 Apply for ILR ???

Oh my bad, I noticed that your spouse did not settle with a skilled worker visa, this makes the whole discussion above pointless. If he did not settle as a skilled worker why are we discussing the skilled worker rules ?? You cannot switch back to a Tier 1 dependant. In this case you need 5 years under the family route for ILR

Oh No
Sorry for the confusion

I told you in the first message that he get his ILR based on Long Residence 10 year rule

The rule that did not exist at my visa extension was

I could not extend my Tier 1 dependant visa to complete 5 years as per guidelines of August 2022

The exact lines of Dependent family members in work routes Updated 22 August 2022

Dependent Partners qualifying period

Dependent partners of Global Talent, International Agreement Workers, Innovator, T2 Minister of Religion, International Sportsperson and Skilled Worker lead applicants must complete a 5-year qualifying period before they qualify for settlement.

If the lead applicant has settlement on the basis of long residence, including where they have subsequently naturalised as British citizens, their partner cannot extend their permission or gain settlement as a dependant under the routes this guidance relates to and must switch into the partner of a settled person category and apply for permission to stay. For more information see Appendix FM guidance.

Where the lead applicant has been granted British citizenship, their dependants can still apply if they held permission as dependants at the time.

If the lead applicant is being granted settlement in, gained settlement through or has been granted citizenship following, UK Ancestry or Representative of an Overseas Business permission, the dependant may apply for settlement without completing a qualifying period and provided they can switch into the route.


Dependent partners of Global Talent, International Agreement Workers, Innovator, T2 Minister of Religion, International Sportsperson and Skilled Worker lead applicants must complete a 5-year qualifying period before they qualify for settlement.


[highlight=yellow]But new guidance April 2023 and Updated October 2023 now new applicants can extend.exactly opposite[/highlight]



"Dependent Partners qualifying period

Dependent partners of Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Scale-up and Skilled Worker lead applicants must complete a 5-year qualifying period before they qualify for settlement.

If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant PBS route at the time when they settled, their partner can extend
their permission or gain settlement as a dependant under these routes.

If the partner has switched into the partner of a settled person category they cannot apply for settlement unless they switch back to the relevant route. For more information relating to partner of settled person see Appendix FM guidance.

Where the lead applicant has been granted British citizenship, their dependants can still apply if they held permission as dependants at the time.


If the lead applicant is being granted settlement in, gained settlement through or has been granted citizenship following, UK Ancestry or Representative of an Overseas Business permission, the dependant may apply for settlement without completing a
qualifying period and provided they can switch into the route


BOTH GUIDELINES ARE SAME EXCEPT THE HIGHLIGHTED POINTS AND ITS FOT ILR LONG RESIDENCE MAIN APPLICANT AND THEIR PARTNERS

Now what to do

I meant to say that he did NOT have a skilled worker visa when settled under long residence. So you cannot move to that route. Were you under the Start-Up visa route ? That was not a Tier 1 PBS route and does not lead to ILR at all

Oh I got it



I have checked on his last visa it says Startup Leave to remain

On my last visa it says PBS Dependant Leave to Remain. when i was his startup dependant

So I cannot settle based on this on 5 years?

I don't need to switch?

Well, now that is called a dependant partner visa. The issue is even if you switch, on what basis do you intend to apply for ILR ? The prior status of your partner as a start-up visa holder had NO path to ILR. This would have been possible if he had a skilled worker visa when settled, hence my whole discussion above. What you delighted above suggest this too