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ILR for Dependent Spouse
Posted: Mon Sep 02, 2024 8:50 am
by DMD05
Hello,
I have got my ILR through long residence (10 years route). I completed my 10 years when I was on ICT long term visa. My wife is still on a dependent partner visa through my ICT long-term, valid until 15 Feb 2025. She is continuously on a dependent partner visa through my ICT long-term for 2.6 years.
How can I get ILR for my wife?
Since I got my ILR through long residence (10 years route), Can I apply ILR for my wife through SET (O) based on the below guide?
"If the lead applicant has settlement on the basis of long residence (including where
they have subsequently naturalised as British citizens) provided they held leave
under the relevant PBS route at the time when they settled, their partner can extend
their permission or gain settlement as a dependant under these routes"
If not, what is the best route for my wife to be eligible for ILR?
Thanks in advance.
Re: ILR for Dependent Spouse
Posted: Mon Sep 02, 2024 2:47 pm
by zimba
No, as you were
not under a qualifying route that leads to ILR. So there is no path for settlement for her under a qualifying route to ILR either. She can switch to the family route and apply for ILR either after 5 years or when she has a total of 10 years.
You only quoted part of that paragraph from the guide but you can see the whole paragraph below:
Dependent Partners qualifying period
Dependent partners of Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Scale-up and Skilled Worker lead applicants must complete a 5-year qualifying period before they qualify for settlement.
If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant PBS route at the time when they settled, their partner can extend their permission or gain settlement as a dependant under these routes.
If the partner has switched into the partner of a settled person category they can apply for settlement without having to switch back to the relevant route. For more information relating to partner of settled person see Appendix FM guidance.
Where the lead applicant has been granted British citizenship, their dependants can still apply if they held permission as dependants at the time.
If the lead applicant is being granted settlement in, gained settlement through or has been granted citizenship following, UK Ancestry or Representative of an Overseas Business permission, the dependant may apply for settlement without completing a qualifying period and provided they can switch into the route.
https://www.gov.uk/government/publicati ... ing-period
Re: ILR for Dependent Spouse
Posted: Mon Sep 02, 2024 5:49 pm
by DMD05
Thanks, Zimba.
Best route for ILR for dependent
Posted: Tue Sep 10, 2024 9:34 am
by DMD05
Hello,
My wife is on PBS dependent visa through ICT, which expires on 15 Feb 2025. She will be completing 10 years long residency on 30 Jan 2028. I'm currently settled in the UK through ILR.
Considering the time and cost, what would be the best route for my wife to get her ILR?
If I apply for a family visa as a spouse in the UK, she will be getting visa initially for 2 years 6 months which will be allow her to achieve 10 years long residency since the family visa will end around mid of 2027 and again we need to extend her family visa for another 2 years 6 months and she will be eligible for ILR on 30 Jan 2028 or after completing 5 years in family visa.
My problem is we need to extend the family visa in 2027 for another 2 years 6 months, but she will be eligible for ILR through long residency within 6 months of extending.
Is there any other cost-efficient way for her to get ILR?
Thanks for your help.
Re: Best route for ILR for dependent
Posted: Tue Sep 10, 2024 9:47 am
by CR001
Is there any other cost-efficient way for her to get ILR?
There isn't unfortunately. She has to apply for 2 x spouse visas, there is noother way as a dependent.
Also, topics merged!
Re: Best route for ILR for dependent
Posted: Tue Sep 10, 2024 10:07 am
by DMD05
Thanks for your quick response.