When are we eligible to apply for ILR?

Dear Experts

I would appreciate if one of you could shed some of your expertise knowledge.

My wife arrived to the UK on Tier 1 General dependant on Sept 2013. She then changed her visa status (within the UK) to Spouse Dependant on Aug 2015 and got extension till March 2018. She has applied for second FLR M extension and awaiting for the positive response.

My question is would she qualify to apply for ILR in Sept 2018 ? I understand that the minimum period of stay within the UK that she must complete is 5 years in order to qualify for Indefinite Leave to Remain. Can she combine different visa types, as an example, Tier 1 General Visa (dependant) and then switched to a Spouse Dependant visa and can both of these periods count towards the qualifying period?

I have got this information please see below - kindly confirm if its correct.

Minimum Period of Continuous stay in the UK

The following table provides a guide to the minimum period of stay within the UK that you must complete in order to qualify for Indefinite Leave to Remain. You can combine different visa types. As an example, you could have entered the UK with a Tier 2 Work Permit and then switched to a Tier 1 General Visa. Both of these periods would count towards the qualifying period.

Status ( Type of Visa currently ) Qualifying period
Ancestry 5 years
Tier 1 General / HSMP 5 years
Tier 2 General / Work permit 5 years
Investors 5 years
Writers, composers and artists 5 years
Sole representatives 5 years
Business - Tier 1 Entrepreneur 5 years
Unmarried partners 5 years
Spouse Visa / Civil Partner / EEA Family Visa 5 years
Legal stay on any basis 10 years


I would appreciate if prompt response is given.

Thank you

My question is would she qualify to apply for ILR in Sept 2018 ?

No. She needs 5 years residence on her current spouse visa. She cannot combine different visa categories to make up 5 years.

As an example, you could have entered the UK with a Tier 2 Work Permit and then switched to a Tier 1 General Visa.

Don't confuse what is permitted under the PBS main visa holder route combining sub category visa with a PBS Dependent switching to FLR(M), which would have reset the clock to zero. It is not the same rules that applies.

CR001 wrote: ↑

Wed Apr 04, 2018 1:57 pm

My question is would she qualify to apply for ILR in Sept 2018 ?

No. She needs 5 years residence on her current spouse visa. She cannot combine different visa categories to make up 5 years.

As an example, you could have entered the UK with a Tier 2 Work Permit and then switched to a Tier 1 General Visa.

Don't confuse what is permitted under the PBS main visa holder route combining sub category visa with a PBS Dependent switching to FLR(M), which would have reset the clock to zero. It is not the same rules that applies.

Thank you CR001 for your quick response.

I do not doubt your knowledge but is there a way I can email the Home office and find out what they would respond? If you can will you be able to give me there email address?

Thank you

No need to email HO for confirmation.

The April 2014 changes in the immigration rules made this clear for PBS dependents of Long Residence ILR applicants (as is your case as you applied Set(LR)). She therefore loses her time spent on PBS dependent visa, except if she qualifies for long residence ILR herself, and needs 5 years on FLR(M).

dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

April 2014 Changes (click)

Dear Gurus of this forum please could you shade some light on my query.

My wife came to the UK on HSMP dependant on Sept 2013. I achieved ILR in 2014 and Naturalised in 2015. We applied and changed her visa status to spouse dependant in Aug 2015 valid till March 2018. We did her extension and got visa approved till Nov 2020.

My query is :

Which form should she use to apply for ILR being British spouse dependant?
Can she apply for ILR counting 5 years from 2013 or 2015?
What will be the date to apply for ILR covering 5 years?

Appreciate your response at earliest convenience.

Thank you

Kindly refrain from tagging your questions onto other members threads when you already have your own topic on this issue.

See point 12 in the forum rules FAQs (click)

Which form should she use to apply for ILR being British spouse dependant?

Set(M) if she has a FLR(M) visa.

Can she apply for ILR counting 5 years from 2013 or 2015?

No she cannot. Applying for FLR(M) in 2015 reset her clock to zero, as has already been advised above on 4th April.

What will be the date to apply for ILR covering 5 years?

August 2020 or within 28 days before the 5th anniversary from the date her FLR(M) was granted.

Thank you CR001.

Apologies for the inconvenience caused to you.

There are doubts by reading the guidance forums hence we post in this blogs but again the links are given to check hence I had to post the question in a detailed way.

Thank you for your assistance.

CR001 wrote: ↑

Wed Apr 25, 2018 3:27 pm

Kindly refrain from tagging your questions onto other members threads when you already have your own topic on this issue.

See point 12 in the forum rules FAQs (click)

Which form should she use to apply for ILR being British spouse dependant?

Set(M) if she has a FLR(M) visa.

Can she apply for ILR counting 5 years from 2013 or 2015?

No she cannot. Applying for FLR(M) in 2015 reset her clock to zero, as has already been advised above on 4th April.

What will be the date to apply for ILR covering 5 years?

August 2020 or within 28 days before the 5th anniversary from the date her FLR(M) was granted.