ILR Qualifying period for PBS Dependent of Tier 1 ET

Hi

If the main applicant is a T1 ET visa folder with 3 years to qualify for ILR, can the partner apply for ILR at the same time? As per the govt website, you are eligible if you have been living with the partner for at least 5 years. Is this correct or you have to be living purely on the T1 PBS dependent visa for 5 years. Does the time living with the partner in UK on another visa (Tier 2) count towards the 5 years?

If anyone can share their experience applying for ILR at the same time (3 years) as their partner, it would be of great help. If you apply for ILR together and the main applicant's ILR is approved and partner's is rejected, can the partner still continue on T1 PBS Dependent or does that become invalid once ILR application is rejected?

can the partner apply for ILR at the same time?

No.

As per the govt website, you are eligible if you have been living with the partner for at least 5 years. Is this correct or you have to be living purely on the T1 PBS dependent visa for 5 years. Does the time living with the partner in UK on another visa (Tier 2) count towards the 5 years?

Your Dependent needs 5 years as a PBS dependent. You cannot combine tier 2 main visa holder time with PBS dependent time to make up 5 years for ilr.

Thanks for the clarification.

Could you please also provide some guidance on the 'List of documents' that we may need to produce during ILR application of PBS Dependent partner as they will be applying separately from the main applicant.

I want to make sure that we retain anything important that we may need 2-3 years from now like rent agreements for all houses we have lived in, air tickets for any travel outside UK to prove absences?

If we have a marriage certificate, is that sufficient or do we still need to provide additional documents like joint rent agreements or joint bills etc.?

sanp80r wrote: ↑

Sun May 10, 2020 9:12 am

Thanks for the clarification.

Could you please also provide some guidance on the 'List of documents' that we may need to produce during ILR application of PBS Dependent partner as they will be applying separately from the main applicant.

I want to make sure that we retain anything important that we may need 2-3 years from now like rent agreements for all houses we have lived in, air tickets for any travel outside UK to prove absences?

If we have a marriage certificate, is that sufficient or do we still need to provide additional documents like joint rent agreements or joint bills etc.?

Please read the guidance.

You should provide two years of cohabitation evidence. So, official documents addressed to each of you (separately or jointly) at the same address from at least three different organisations that covers the two year period prior to your application date.

Thanks for your help.

I have been reading the guidance document - specifically points 140 & 143 and 319E (given below for reference). I have highlighted the text in yellow where it states that the time spent on another visa is counted in the 5 year qualifying period for ILR as long as the most recent time is as the dependent of the T1 ET main applicant. This has confused me again, can you please clarify if I am understanding this correctly?

140. The Immigration Rules for settlement can be found at paragraphs 319E for dependant partners
and 319J for dependant children, of the Immigration Rules.

143. Please note, the qualifying period for settlement for all dependant partners is 5 years, regardless
of whether the relevant Main Applicant on whom they are dependent is eligible for accelerated
settlement.

319E. Requirements for indefinite leave to remain
(d) The applicant and the Relevant Points Based System Migrant or Appendix W Worker must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant or Appendix W Worker for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant or Appendix W Worker, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules, and
(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period,

She cannot combine tier 2 general main visa time with a pbs dependent visa, she will be refused. Tier 2 general is a different set of rules and requirements to PBS dependent.

The para refers to other categories of PBS dependent visas or the old style work permit.

Members have been refused ILR believing they can combine categories to make 5 years.

Thanks for the clarification.