ILR from Tier 2 PBS Dependent - Complex!

[charcoal001]

Hi,

My application for a Tier 2 dependent visa was initially rejected back in 2012 as I had not appreciated that I could not switch from a Tier 1 in-country to a Tier 2 dependent without gaining entry clearance all over again.

This was overruled after appeal based on exceptional circumstances under Appendix FM, and my biometric card stated 'Leave to Remain' and the letter said that I will be on a 120 month (10 year route) should I wish to apply for ILR.

In 2014, my husband had to extend his Tier 2, so I made an application with him as a dependent, basically switching to a PBS dependent. The biometric card I received after the successful application says 'PBS Dependent Leave to Remain', and the lawyers told us that I am on the 5 year route now.

I have since extended my Tier 2 dependent visa once in 2017.

Can anyone confirm, based on their knowledge:

1. That I would be ok to apply for ILR with a Set 'O' form now (Aug 20), 6 years after I got my Tier 2 dependent visa approved in 2014. I can assume that what was written in the previous letter in 2012 regarding a 10 year route is now null and void.

2. That I do not need to account for any absences, as my current visa was issued in 2017, before the rule change on 11 Jan 2018 (They are not asking for my travel history in the online form)

3. That I do not need to provide any evidence of my finances (They are not asking for this in the online form)

4. That I do not need to provide any evidence of a subsisting relationship (They are not asking for this in the online form)

Thanks for any help in advance!

[CR001]

Does your spouse hold ilr and through which route did they get ilr?

1. Yes, you could have applied in 2019 already.

2. Correct.

3. Correct.

4. You must provide 2 years evidence of cohabitation in both your names, from 3 to 6 different sources, spread evenly for every 3 to 4 months. This is mandatory. The immigration rules state you must be in a subsisting relationship. The checklist is generic.

[charcoal001]

Thanks CR001.

He got his ILR in 2016 through the 5 year route.

I saw several replies under different topics where you have mentioned evidence of cohabitation.

I wasn’t able to find any guidance doc for an ILR dependent application on the Home Office website. Is there a link to the guidance you could provide that gives details about evidence for cohabitation?

The document checklist at the end also does not list it as mandatory. They have asked for:

My current passport
My BRP
Previous passports
My official transcript for my degree
Evidence of my current immigration status - what document should this be?
Declaration signed by my husband to confirm consent for verification checks - where do I get this form? Is this after payment?

Thanks

[zimba]

https://www.immigrationboards.com/indef ... l#p1813810