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ILR Dependent to ILR

Posted: Wed Dec 16, 2020 7:44 am
by Qadeer786
Hello,
My wife entered UK as ILR dependent and below are the Type of permit specified on the biometrics.

Feb 2016 to Mar 2016 - Entry clearance
Feb 2016 to Nov 2018 - Leave to Enter
Dec 2018 to July 2021 - Leave to remain

She would complete 5 years in UK as ILR dependent in Feb 2021, and assuming all other conditions are met, i had following queries..
a. Does the initial visa issued as "Leave to enter" count towards the 5-year period in UK ? I.e she is eligible to apply for ILR by Feb 2021..?
b. Would the application still be SET(O) ?

My ILR was based on the Tier-2 and 5-year route.

Your inputs are highly appreciated..

Re: ILR Dependent to ILR

Posted: Wed Dec 16, 2020 11:06 am
by CULLINAN
What visa your wife has? Check her BRP. Spouse visa OR PBS dependent?

Did you have ILR before she came to UK?

Re: ILR Dependent to ILR

Posted: Wed Dec 16, 2020 11:30 am
by Qadeer786
Her current BRP states SPOUSE/PARTNER LEAVE TO REMAIN while the earlier BRP stated SPOUSE/PARTNER LEAVE TO ENTER. Yes i had an ILR (since 2013) before she came to UK.

Re: ILR Dependent to ILR

Posted: Wed Dec 16, 2020 11:33 am
by CULLINAN
She can apply when she completes 60 months minus 28 days from the date she entered UK. She will apply on SET(M) - not SET(O).

Re: ILR Dependent to ILR

Posted: Wed Dec 16, 2020 12:56 pm
by Qadeer786
Thanks for your help and inputs.. You're a Star :) !! Much appreciated..