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ILR eligibility enquiry - Entered as PBS dependent of Tier 1 Entrepreneur

Hello Guys,

I need help, please

I am a British Citizen, my wife entered the UK as my partner as on PBS dependent, and now she is on spouse visa of a settled person, can my wife apply for ILR?

Entry clearance visa: 07/05/2015 to 08/08/2017 - (PBS dependant of Tier 1 Entrepreneur)
Extension inside the UK: 29/09/2017 to 27-04-2020 - (Spouse/partner leave to remain of a settled person)
Have not been out of the country for 180 days

Will my wife be eligible for ILR on 5 years residency basis and spouse of BC, at the end of the current visa?



(A document that I found online, looks relevant but not sure)

https://www.gov.uk/government/uploads/s ... ts-v12.pdf

"Combining leave for ILR: If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant. Leave granted for any other reason cannot be combined."

Please advise

Many thanks
S

Will my wife be eligible for ILR on 5 years residency basis and spouse of BC, at the end of the current visa?

No she is not eligible for ilr. She needs 5 years in FLR M spouse visa before she can apply for ilr. She cannot combine PBS dependent visa under Immigration rules part 8 with spouse FLR M visa under appendix FM Immigration rules.

Unsure what link you are posting as it isn't working.

Was your ILR granted as a PBS applicant or 10 years long residence?

My ILR was on 10-year long residency

She has no option but to wait till she has 5 years on FLR M spouse visa.

She will qualify for ILR in 2022.

CR001 wrote: ↑

Sun Dec 15, 2019 7:40 pm

Will my wife be eligible for ILR on 5 years residency basis and spouse of BC, at the end of the current visa?

No she is not eligible for ilr. She needs 5 years in FLR M spouse visa before she can apply for ilr. She cannot combine PBS dependent visa under Immigration rules part 8 with spouse FLR M visa under appendix FM Immigration rules.

Unsure what link you are posting as it isn't working.

Apologies for the broken hyperlink.

Please find a new hyperlink to the document below:

https://assets.publishing.service.gov.u ... -v17.0.pdf

PAGE 29

That link only applies if she had another PBS based dependent visa or hsmp or the old woke permit dependent visa for example before her last PBS dependent visa.

It does not apply to combining PBS dependent and FLR M visas to make up 5 years. If you take the risk, it will be refused. She need 60 months in FLR M visa, 2 X 2.5 year visas, before she can apply for ILR on form SET M.

The rules for PBS dependents of long residence ILR applicants changed in April 2014, link below, removing the rule that PBS dependent can be combined with other visas such as FLR M spouse visa.

immigration-for-family-members/dependan ... 43881.html