Immigrationboards.com

Dates shown are date of issue of visa/document
Feb 2016 - Wife got PBS dependent visa - I was on a work permit (Tier 2)
Apr 2016 - I got ILR
Aug 2016 - Wife switched visa to Spouse/Partner Leave to remain because I was now on ILR. Expires Mar 2019
Apr 2019 - Wife Exntended visa Spouse/Partner Leave to remain. Expires Oct 2021

Jan 2018 - I became a naturalised citizen.

I presume the next step is for my wife to apply for her ILR.

1. Am I correct in thinking that she will be eligible for ILR only in August 2021 because the 5 years would be counted from the time she was on Spouse/Partner leave to remain route (After I was on ILR).

2. Would her application be called the "5 year route"? I've looked at the application form online and it says she should use SET(M) if she is on the 5 year route.

3. Will she need to provide proof of address with the application, specifically a tenancy agreement.

I have been living in the same address since Nov 2017. I ask the 3rd question because the tenancy agreement we had expired in Nov 2020. I had informed my landlord (oct 2020) and we agreed to continue to the tenancy for another year but I wasn't given a new contract (The landlord said the estate agent is taking a long time).

The landlord informed me today that the estate agent is refusing to back date the agreement to Nov 2020 and he has offered to give me a tenancy agreement from Mar 2021. In his (landlord) message to me he has said
"Tenancy will be treated as continuous. If there is a problem with your wife’s visa, I can confirm that tenancy was continuous."

I'm wondering if this might cause an issue with her ILR application?

Thank you for all your help.

1. Yes but who advised you to change her visa to a family visa ?? That was NOT required at all. She should have stayed under PBS route and could have been eligible for ILR a year ago
2. Assuming she was granted visas under the 5-year route provisions. SET(M) is the correct form
3. Yes. Cohabitation evidence is required. The tenancy issue is not a probelm

re point 1, oh really? I posted about it here at the time and I was advised that it may be risky to travel without changing her visa since I'm changing from a tier 2 work visa to ILR. Thread linked below.

immigration-for-family-members/ilr-depe ... 07013.html

Are you sure she would have been eligible a year ago if she hadn't changed? From Feb 2016 to now is 5 years. Can you apply for ILR after 4 years?

re point 3. OK, that is a relief. Is it similar to other dependent visas, i.e. 6 pieces of evidence to show cohabitation?

Thanks so much for your help, it is much appreciated.

To add to my last comment,
I probably should have mentioned that I applied for ILR on 10 year route (A very important detail that I missed out, sorry).

Driver27 wrote: ↑

Wed Feb 24, 2021 1:47 am

To add to my last comment,
I probably should have mentioned that I applied for ILR on 10 year route (A very important detail that I missed out, sorry).

Yes, that is an important detail. You were advised that she must switch to the family route correctly. Cohabitation evidence is the same.

Alright. Thanks for all your help.