Immigrationboards.com

HI,
Please find my wife's history in UK.
Entered UK in Jan 2010 (workpermit dependant), was outside the UK from May 2011 - Dec 2011 (190 days),
Tier 2 dependant in 2011, one more tier 2 dependant in 2014, ILR dependant in 2016, British citizen depedant in 2018, current leave to remain is till 2021.

She cannot apply for ILR based on the 180 day out of the country at a time not allowed rule.

My query is as she has already spend 5 years (3 years British citizen dependant, 1 year ILR dependant, 4 years tier 2 dependant).

Please let me know if she is already eligible for ILR and which form to fill. Thanks a lot.

I was on student visa from 2004. Got ILR on the basis of 10 year stay. British citizen from 2016.

There is no such a thing as ILR/British citizen dependant route. You either can stay here under PBS dependant visa OR family/partner visa (5 year route FLR(M) or 10 year route FLR(FP)). You cannot combine time spent under these routes with each other for ILR. She needs 5 years under FLR(M) to be eligible for ILR. Also family visa routes do NOT have any absence limit for ILR

hi, Big Thanks for quick response. In 2016, there was a rule where if somebody applied for ILR on 10 years rule then their dependant had to change the category on that basis. does that mean that by not allowing the combination of PBS dependant and British citizen dependant, they are prolonging the time for people who needs to stay on the visa.

Also, I would really appreciate if you can clarify your comments regarding absence limit on ILR. Thanks a lot.

She needs 5 years on FLR m visa and will only qualify for ilr in 2021. Her time as pbs dependent is irrelevant now.

There is no absence limit for those on FLR m visa applying for ilr based on 5 years residence.

She won't qualify for long residence either due to her break in continuity of residence as you have stated.

Ho is not prolonging anything. It was your choice to apply for ilr based on long residence rather than PBS route, ho didn't force you to do it. The rules regarding PBS dependents of ilr LR applicants changed in April 2014, so long before you made your choices. Had you applied for ilr PBS route, she would have qualified for ilr sooner.