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ILR eligibility for Dependent

Posted: Thu Jan 23, 2020 11:26 pm
by kish999
Hello All,
My wife was on Tier 2 ICT Migrant visa from 2012-2017 , after completing 5 years she switched to my Tier 2 General Dependent visa. Her Tier 2 General Dependent visa is now up for renewal.Last year I got ILR. My understanding was that she needs to complete 5 years on the current visa to apply for ILR. However just reading the PBS Dependent Guidance doc on Gov.uk website and it states the below. Does this mean she can apply for ILR? Appreciate if someone can please advise. Thank You

You can qualify for indefinite leave to remain if you meet the following conditions:

a. As a dependent partner:

• You must be the spouse or civil partner, unmarried or same-sex partner, and have been granted leave as such, of a person who:

o has indefinite leave to remain as a Main Applicant;

as a Main Applicant.

• You and your partner must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least 5 years

• You must demonstrate sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

Re: ILR eligibility for Dependent

Posted: Fri Jan 24, 2020 12:24 am
by zimba
The wording UKVI has used is indeed confusing (regarding living together for 5 years) BUT she needs those 5 years to be under PBS dependant route to get ILR.

Re: ILR eligibility for Dependent

Posted: Fri Jan 24, 2020 1:06 am
by kish999
Thank you @zimba for replying.Will renew her Tier 2 General Dependent visa. She might be eligible to apply under 10 yr route before completing 5yrs on this visa.