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I hope this is posted in the right section of the forums.

I've basically been in the UK since Sept 2011. I will be eligible for long residence PR in Sept 2021.

My current PhD visa expires in Jan 2020. My husband will be eligible for PR (from the 5 year tier 2 visa route) in July / Aug 2020.

I will be eligible for a one-year doctoral extension scheme, however, was then planning to apply for a spousal visa after my husband applies for his PR.

Would the spousal visa reset my time in the UK to 'zero', and I would then have to wait for another 5 years? Or would it still contribute to my 10 year long residence route?

Ideally, I would apply for PR with my husband, however, it states a requirement to be that "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". My husband and I definitely haven't been living together for 5 years (nor have we been married for 5 years). Would my own time in the UK be counted as part of the 5 years? Or would we absolutely have to be sharing the same address for 5 years, for me to be eligible on the PR route with my husband?

Thank you!

All visa count for long residence ILR. Switching to Huby dependent after he gets ILR only resets the 5 year ILR clock.

To apply with your husband the requirement is to hold a dependent visa for 5 years. Simply living here together is not sufficient.

CR001 wrote: ↑

Thu Mar 21, 2019 5:13 pm

Switching to Huby dependent after he gets ILR only resets the 5 year ILR clock.

Hi CR001
Do you have any reference for this? I checked it with a renowned solicitor with paid appointment and he confirmed that the continuous residency does not break i.e. the clock does not reset even when switching to dependent.

dan883 wrote: ↑

Thu Jun 13, 2019 9:56 am

CR001 wrote: ↑

Thu Mar 21, 2019 5:13 pm

Switching to Huby dependent after he gets ILR only resets the 5 year ILR clock.

Hi CR001
Do you have any reference for this? I checked it with a renowned solicitor with paid appointment and he confirmed that the continuous residency does not break i.e. the clock does not reset even when switching to dependent.

You will note that I very clearly stated it is the 5 year ILR clock that gets reset and NOT the 10 year ILR clock.

For ILR based on 5 years, you need 5 years in one category of visa.

CR001 wrote: ↑

Thu Mar 21, 2019 5:13 pm

You will note that I very clearly stated it is the 5 year ILR clock that gets reset and NOT the 10 year ILR clock.

For ILR based on 5 years, you need 5 years in one category of visa.

Thank you for your prompt reply. Appreciated.