Immigrationboards.com

Dear Friends and Respected Gurus,

I would be grateful if you could provide some clarification surrounding my eligibility for ILR LR. Your answers will help me and my family in planning for the next couple of years.

My immigration history:
Date entered UK: Sept 2008 on student visa
PSW granted: Jan 2010
Tier 2 General start: Aug 2011
Tier 2 end date: Aug 2017

I do not qualify for ILR on Tier 2 – 5 years’ route as I have an employment gaps of more than 60 days when switching employers (was made redundant and was unable to find a sponsor within the allocated time frame).

1. Can I switch to Tier 4 Dependant while in country?
2. If my application is successful, can I apply for ILR LR in August 2018?
3. My wife has been on Tier 2 dependant visa since Dec 2011. She is planning to switch to Tier 4 student visa next year from home country. Will she be eligible to apply for ILR at the same time as me i.e. in Aug 2018 or does she have to go through the 10-year route?

Thanks.

1. Can I switch to Tier 4 Dependant while in country?

Yes, should be fine if she gets approval and once she returns to the UK. See Tier 4 Family Members (click)

2. If my application is successful, can I apply for ILR LR in August 2018?

Yes, if you meet ALL the long residence requirements, i.e. no break in visas, absence limits and no more than 180 days absence in one go, LIUK, B1 English.

3. My wife has been on Tier 2 dependant visa since Dec 2011. She is planning to switch to Tier 4 student visa next year from home country. Will she be eligible to apply for ILR at the same time as me i.e. in Aug 2018 or does she have to go through the 10-year route?

No. ILR LR does not permit dependents to apply for ILR with you. She will need to reach 10 years residence herself if that is the route she wants to apply through.