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ILR for wife(currently spouse visa, previously 4 years as tier4 dependent)

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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Afmirza
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Joined: Fri Nov 23, 2018 11:01 pm
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ILR for wife(currently spouse visa, previously 4 years as tier4 dependent)

Post by Afmirza » Fri Dec 01, 2023 4:30 pm

Hi
I have seen on https://www.gov.uk/indefinite-leave-to- ... ly-members

And couple of tiktok solicitors that staying as dependent for 5years can apply for ILR, if the partner has qualified/has been granted ILR
In my case my wife came as my tier4 student dependent in May 2017, in April 2021 i got my ILR (10 year long) route. And she switched to spouse visa in May 2021.
Her current leave as spouse expired on 23rd November 2023, i applied for spouse extension on 21st November 2023.
But now i am thinking she has been my dependent for over 6 years( 4 years as student dependent and 2.5 years as spouse), can i apply for ILR as she has been my dependent for over 5 years as required.
I am looking to vary spouse application to ILR. But am confused if i understood things right.

Please if anyone has any information regarding this issue kindly help me.

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zimba
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Re: ILR for wife(currently spouse visa, previously 4 years as tier4 dependent)

Post by zimba » Fri Dec 01, 2023 4:42 pm

They may be talking about this: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

The above is only beneficial if your spouse was under the skilled worker dependant route. In her case, she still needs 60 months under the family/spouse route to qualify for ILR. So She will qualify in 2026. The fact that she has been your dependent becomes irrelevant
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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