Immigrationboards.com

Hi all,

I am about to apply for ILR as a main applicant currently on Tier 2 (general) visa with the following history:

Tier 4 student visa: from 15 Jan 2012 (entered UK on: 23 Jan 2012) to 17 May 2016.
First Tier 2 (general) visa granted on: 12 March 2015

(Q1) My current Tier 2 visa expires on 28 Jun 2020. My understanding is that I am now (15 Feb 2020) eligible to apply for ILR for myself, please kindly confirm?

My biggest concern is my wife's situation and I am really confused (and would very much appreciate your help regarding) whether she is eligible to apply for ILR at same time as me or not. Her history is as follows:

Tier 4 dependent (dependent on mine) visa: from 15 Jan 2012 (entered UK on: 22 Feb 2012) to 17 May 2016.
Tier 2 dependent (dependent on mine) visa: from 2 Jun 2015 to present (expires on 28 Jun 2020).

(Q2) Please, would you kindly advice whether both of us would be eligible to apply now (15 Feb 2020)?

I found myself confused with the Home Office guidance saying:
Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner.

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.

Some people explain this as partners can have different types of PBS dependant visas throughout the 5 year period & some people confirm that they should hold only Tier 2 dependent visa throughout the 5 year period ??

Your responses are much appreciated! Please, would you kindly refer to the section(s)/evidence(s) supporting your answer - if any?

All best,

There is no such a thing as Tier2 Dependant visa or Tier4 Dependant visa. All time spent under PBS dependant visas count. You both can get ILR together. See paragraph 319J of the immigration rules for the rules of ILR under PBS dependant route