Qualify to apply for ILR

Hi All,

Good evening Its been a long that I was not active in this group. Well, please advise me if anyone have any expertise on this:

- My wife came in to UK under my TIER-2 dependant in July 2017. Afterwards, In 2019, I got my ILR and she switched her visa under spouse category in Sep 2020 and got visa for 2.5 years until Mar 2023. Usually, spouse has to have second extension for another 2.5 years to make it 5 year in order to apply for ILR.
- In my wife's case, she already made a 5 years under my dependant since Jul 2017.
My question, can my wife apply for ILR as she already has 5 years under my visa or it has to be specifically under a ILR spouse for 5 years?

Please advise.

Thank you
Anam

anammahmud wrote: ↑

Thu Jan 12, 2023 9:30 pm

Afterwards, In 2019, I got my ILR and she switched her visa under spouse category in Sep 2020 and got visa for 2.5 years until Mar 2023.

When your wife switched from PBS dependent to spouse route, her ILR clock got reset to zero.
She could've received another PBS dependent extension, if you got your ILR via tier 2 route, even if you hold ILR, and be eligible for ILR now.

As she changed the visa route, she has to get 5 years on spouse visa (assuming you're on 5 year route) to get ILR.

UPD: saw you got ILR via 10 years LR. in that case, yea, this is the best course of action. 5 years on spouse visa should do it (or combination of any visas for 10 years, for LR ILR).

Thank you for your reply. That means my wife can not apply for ILR this time. She has to have another 2.5 years extension to get ILR because her last five years were made with partially TIER2 dep and part from ILR spouse route. Am I right?

anammahmud wrote: ↑

Fri Jan 13, 2023 5:28 pm

Thank you for your reply. That means my wife can not apply for ILR this time. She has to have another 2.5 years extension to get ILR because her last five years were made with partially TIER2 dep and part from ILR spouse route. Am I right?

Correct. She cannot combined two difference visa categories to make up 5 years for ILR.