Immigrationboards.com

Dear All

I have been living in Britain for 9 years, 4 years holding student visa and 5 years holding tier 1 investor visa, My current tier 1 visa will expire this Dec and I will be able to apply for ILR.

But my wife's case is a bit complected, She was also a international student(living in Britain since 2009), we been living together since Mar 2012 but she was holding a PSW visa for the first year(we got married at Apr 2013) and then switched to dependant visa after her PSW visa expired, She went back to my country to renew it on Apr 2013 and got her visa then back to Britain on June 2013.

We been living together for more than 5 years(2012 Mar-now) and married for 4.5 years this Dec. I just wanted to know if she could apply for ILR this Dec with me?

From Home Office's official website, It is written that if she would like to apply for ILR, she have to have a dependant visa at the time of application and have been living with me for more than 5 years to apply. But many people told me that she have to hold a dependant visa for 5 years until she could apply.

Could anyone kindly clarify if the 5 years means she have to holding a dependant visa for 5 years? Or she just have to spent 5 years living with me legally in Britain?

Thanks very much!

Regards

No she can't apply with you as she needs 5 years on PBS dependant visa to apply for ILR (5 years from the date of entry to the UK)
This is assuming that you are applying for ILR under 5 year settlement under Tier 1.

zimba88 wrote:No she can't apply with you as she needs 5 years on PBS dependant visa to apply for ILR (5 years from the date of entry to the UK)
This is assuming that you are applying for ILR under 5 year settlement under Tier 1.

Thanks very much for the fast clarification, Is this means she have to apply for ILR 28 days before June/2018(the day she came back to Britain with her dependant visa is June/2013)?

Is all the time we've spent together before she got her ILR is not counting in the 5 years period?(We was living together and got married in Britain when she was holding a PSW visa)

Regards

Yes. Time spent outside PBS dependant visa does not count under the 5 year PBS dependant settlement route

zimba88 wrote:Yes. Time spent outside PBS dependant visa does not count under the 5 year PBS dependant settlement route

Thanks very much Good Sir! Have a lovely evening!