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ILR dependant eligibility query

Posted: Sun Dec 11, 2016 12:05 pm
by dependant101
Hello,
My partner is the main Tier 2 (general) applicant and is currently eligible to apply for ILR under the 5-year rule.

I was here as a Tier 2 (general), but then switched to TIer 2 (dependant) in Dec 2013. We have been living together for more than 5 years so showing a relationship is not a problem.

The ILR page on Gov.uk states the following about dependant's eligibility:
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
Does this mean that my "ILR clock" has been reset since I changed from Tier 2 (General) to Tier 2 (Dependant) and therefore cannot apply at the same time as my partner?

Thanks!

Re: ILR dependant eligibility query

Posted: Sun Dec 11, 2016 12:16 pm
by CR001
Does this mean that my "ILR clock" has been reset since I changed from Tier 2 (General) to Tier 2 (Dependant) and therefore cannot apply at the same time as my partner?
Yes, you need 5 years as dependent before you qualify for ILR. You cannot combine Tier 2 G main time and Tier 2 G dep time to make up the 5 years.

You will only qualify for ILR in 2018.

Re: ILR dependant eligibility query

Posted: Sun Dec 11, 2016 12:20 pm
by dependant101
Thanks! Appreciate your fast response!

Re: ILR dependant eligibility query

Posted: Sun Dec 11, 2016 12:24 pm
by dependant101
Would I need to reapply as a dependent if my partner makes the switch to ILR or will my current leave as a Tier 2 dependent would remain valid?

Re: ILR dependant eligibility query

Posted: Sun Dec 11, 2016 12:38 pm
by CR001
Current visa remains valid and you apply for an extension as PBS if required shortly before expiry if you have not reached the mark for ILR.