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Hello,

I arrived in the UK on a Tier 2 work visa in July 2014, and my wife joined me the same year on her own Tier 2 visa. In 2017, I switched to a PBS dependent visa, while my wife completed her five-year requirement and obtained Indefinite Leave to Remain (ILR) in 2021.

Currently, I am on Partner Leave to Remain, which was granted to me in 2021, and it is valid for 2.5 years until early 2024.

I have a few questions:

1 Am I eligible to apply for ILR directly, or do I need to extend my leave to remain before applying?

2 By July 2024, I will have completed 10 years of residence in the UK. Will I be eligible to apply for ILR at that time?

3 My son used to attend government-funded childminders. He is on leave to remain, while his mother has ILR. Would this be considered "claiming funds"?

Thank you in advance for your assistance.

Your visa history is all over the place, if I understand correctly - from T2 to PBS dependent to partner. If you would have completed 5 years in any one stream, you would be able to apply for ILR.
Now, as changing to partner restarted your clock to zero, you have to do 5 years as a partner or yes, if you have 10 years of continuous residence, you can apply via this route (have you had long absences?).

Not sure about the third question.

Yes, I agree that things have been quite disorganized. The circumstances have guided my actions in various directions. However, I have managed to maintain consistent work without any absences exceeding 30 days, which includes my annual leave.

Third question basically means, Does going to nursery/childminder amount to use of public funds?

When my wife obtained her Indefinite Leave to Remain (ILR), I had to switch from PBS dependant to Partner Leave to Remain. Since our dependency on my wife remains the same through PBS dependent and partner, shouldn't the duration of dependence be collective rather than clock reset?

When your spouse got ilr, presumably based on 5 years tier 2,you did NOT have to change visa categories. You should have simply extended your obs dependent visa for a further 3 years to maintain your path to ilr.

By switching to FLR M, if that is what you did, your ilr clock resets as it is a different visa route.

You cannot combine different visa categories to make up 5 years for ilr.

DAMPAAJI wrote: ↑

Fri Jul 14, 2023 5:33 am

When my wife obtained her Indefinite Leave to Remain (ILR), I had to switch from PBS dependant to Partner Leave to Remain. Since our dependency on my wife remains the same through PBS dependent and partner, shouldn't the duration of dependence be collective rather than clock reset?

That is not how the rules work. Maybe you should have sought advice then instead of assuming. Dependant route and family route are two separate routes and cannot be combined. As Char pointed out, there was no need to switch to the family route at all

Hello everyone,

I'm currently in a situation where I'm considering applying for Indefinite Leave to Remain (ILR) in the UK and would appreciate any insights or experiences you might share.

Here's my scenario: I've been on a Tier 2 Dependent visa from 2017 to 2021, and subsequently, I've held ILR Dependent status from 2021 until now. My question is, does this combined period count towards the necessary residency requirement for ILR eligibility?

I understand that typically a 5-year continuous residence is required, but I'm unclear if my specific visa transition affects this calculation. If anyone has gone through a similar situation or has knowledge about this, your input would be incredibly helpful.

Thank you in advance for your assistance!

You can't add them for a 5 year period. Tier 2 dependent is PBS dependent in work route, ILR dependent is family route, entirely different category.

Wait till 2026.

Thank you for your response; it has helped clarify things for me.

May I seek one additional point of clarification? During the application for ILR, both my son and I are subject to the ‘No Recourse to Public Funds’ condition. However, my wife, who holds ILR, has been claiming child benefit for our son.

In light of this, do I need to return these benefits before submitting my application for ILR?

Thank you once again for your assistance.

DAMPAAJI wrote: ↑

Thu Dec 28, 2023 9:56 am

Thank you for your response; it has helped clarify things for me.

May I seek one additional point of clarification? During the application for ILR, both my son and I are subject to the ‘No Recourse to Public Funds’ condition. However, my wife, who holds ILR, has been claiming child benefit for our son.

In light of this, do I need to return these benefits before submitting my application for ILR?

Thank you once again for your assistance.

No!

Sorry is that a NO do not claim or NO do not return?

You only asked one questions, about returning funds, which is what i answered.

YOU are not claiming.

Yout partner who has ilr is claiming, as they are allowed to! Nothing to be done or returned.

Hi

I apologise for my misunderstanding. May I clarify, since my wife who has ILR is claiming on my son who has NRPF. Does this statement matter?

I understand that my son is not in breach of anything here.

Thankyou

DAMPAAJI wrote: ↑

Thu Dec 28, 2023 1:48 pm

Hi

I apologise for my misunderstanding. May I clarify, since my wife who has ILR is claiming on my son who has NRPF. Does this statement matter?

I understand that my son is not in breach of anything here.

Thankyou

No

Hello everyone.

I have been on tier 2 for 3 years, PBS dependant for 4 year and ILR dependant for 3 years. I would complete my 10 years this year and I have not been outside UK for more than 30 days. All my leave to remain has been legal.

I intend to start a new application for ILR 10 year route and I would like your advice for a summary of what I would require for ILR long residence application for myself and my son who is 4 year old now. I can start collecting the documents and then apply when ready.

NB: I have already done life in the UK test in 2021 hopefully they still accept it.
I have previously been cleared IELTS for tier 2 for English, my degree is accepted as English equivalent.

I would be every so grateful for this help.

DAMPAAJI wrote: ↑

Wed May 22, 2024 3:17 am

Hello everyone.

I have been on tier 2 for 3 years, PBS dependant for 4 year and ILR dependant for 3 years. I would complete my 10 years this year and I have not been outside UK for more than 30 days. All my leave to remain has been legal.

I intend to start a new application for ILR 10 year route and I would like your advice for a summary of what I would require for ILR long residence application for myself and my son who is 4 year old now. I can start collecting the documents and then apply when ready.

NB: I have already done life in the UK test in 2021 hopefully they still accept it.
I have previously been cleared IELTS for tier 2 for English, my degree is accepted as English equivalent.

I would be every so grateful for this help.

ILR LR requires minimum documents.
Your passport covering the 10yrs
LIUK does not expire so no worries on that.
You have met English language requirement before so covered.