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Tier 2 dependant ILR options

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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chykeo
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Posts: 33
Joined: Mon May 18, 2015 8:25 am

Tier 2 dependant ILR options

Post by chykeo » Thu Apr 04, 2019 10:01 pm

I was originally a Tier 2 General visa holder and got my ILR through the Long Residence route in September 2018.
My wife is still on the PBS dependant visa (which is linked to me) and is valid for some months

She joined me in August 2013 and completed 5 years last year August.

We have been living together since she joined me and have lots of proof including the application to renew my Tier 2 General and her PBS dependant visa back then, correspondence, utility bills....

I want to find out if she can apply for her ILR on the basis we have been living together for more than five years on the PBS dependant visa despite my Long Residence settlement route.

Someone mentioned that she may need to switch to a Family Visa (partner of a settled person) visa and build up another 5 years before applying for ILR but I don't think this should be case if she has already proven the 5 years of living together.

Please can you advise

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zimba
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Re: Tier 2 dependant ILR options

Post by zimba » Fri Apr 05, 2019 2:28 am

No she cannot apply under PBS route as you were not granted ILR under PBS. The fact that she has lived here for more than 5 years is irrelevant. That is not how the immigration rules work.
You received advised on this last year: immigration-for-family-members/best-opt ... 66363.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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