I am a UK citizen since 2010 via 5 years of stay on HSMP visa.
- My wife came to the UK to study on a student visa in Sept 2012.
- She graduated and got a full-time job in April 2014 and got a work visa (Tier 2).
- We got married in July 2015.
- As my wife wanted to change her jobs and not be restricted to work via visas, we got her a spouse/dependent visa in May 2017.
Now, we are coming to an end of wife's 2.5 years spouse visa and checking if she should apply for extension of residency in the UK (to complete 5 years) or for ILR and receiving conflicting information.
As per this link: https://www.gov.uk/government/publicati ... -applicant
- If we were married for > 4 years and if my wife has stayed in UK for > 27 months, and after passing KOL, she could be eligible for ILR.
- We pass all these criteria well.
Although, per this link: https://www.gov.uk/uk-family-visa/partner-spouse
- The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner.
- This info does not state situation where she stayed for previous 2 years in tier 2.
Also, as I was settled on HSMP, rules for my wife are not too clear via: https://www.gov.uk/settle-in-the-uk/y/y ... -work-visa
My questions are as follows:
1. Would my wife me eligible for ILR?
- If not, why? - Please state official supporting links
2. If yes, what forms shall she fill among SET(M) or SET(O)?