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ILR in 10 years (long residence) route

Posted: Tue Jan 22, 2019 11:54 am
by charli
Hi All,

I haven't found any relevant post same or similar to my case. So starting this topic.

I came to UK on 22nd Jan 2009 as a Tier 4 student. Tier 4 visa was till 31st August 2010. However due to university holidays and delay in semester results I have to go for Tier 4 student extension. I applied for extension on 31st August 2010. Tier 4 extension was refused and I appealed in the 1st tribunal. However appeal was dismissed in the tribunal on 2nd Feb 2011. I went back to home country on 8th Feb 2011 (5th day after appeal was dismissed). I applied for Tier 4 student extension on 14th Feb 2011 (less than 28 days) from the date of appeal dismissal. But due to unknown reasons visa processing took 3 months. I received on 15th May 2011 and I traveled back to UK on 24th May 2011.

From there onwards, I completed course and applied for PSW in time which was valid till 23rd Jan 2014. After PSW, I applied and got approved for Tier 1 Entrepreneur which was valid till 17th Feb 2017. I applied for Tier 1 Entrepreneur extension on 17th Feb 2017. But due to Home Office timeliness (took longer than 8 weeks), I varied my Tier 1 Entrepreneur extension to Tier 2 (General) and got approved which is valid till 3rd May 2020.
In 2017 August I got married and applied for PBS dependent for my wife and got approved which is valid till 3rd May 2020.

Now my questions are:
  • Am I qualified to go in 10 years route?
  • If I'm qualified, do I need to apply a new visa for my wife again as soon as I switch to ILR or I can wait till current one get expires?
  • Does my wife's current year will count in 5 years for her ILR?
Thanks,
Charli

Re: ILR in 10 years (long residence) route

Posted: Tue Jan 22, 2019 5:25 pm
by zimba
Am I qualified to go in 10 years route?
Yes
If I'm qualified, do I need to apply a new visa for my wife again as soon as I switch to ILR or I can wait till current one get expires?
Yes. When you get ILR under long residence your wife cannot remain under PBS dependant route, she will have to switch to family route FLR(M) which resets her ILR clock
Does my wife's current year will count in 5 years for her ILR?
As you get ILR under long residence, she cannot get ILR under PBS. She has to switch and start 5 years from scratch

Re: ILR in 10 years (long residence) route

Posted: Tue Jan 22, 2019 10:14 pm
by charli
Thanks Zimba