Immigrationboards.com

Hello,

I need advice on whether my wife is eligible for ILR. Here is the history:

My wife joined me as a PBS dependent on 13-12-2018, with the visa expiring on 29-03-2020.
In June 2019, after completing 5 years on Tier 2, I switched to ILR. Subsequently, my wife applied for an extension and received a 2 1/2-year spouse/partner leave to remain from 24-04-2020 to 23-10-2022.
She then applied for another extension and was granted an additional 2 1/2 years, from 01-11-2022 to 19-05-2025, as a spouse/partner leave to remain.

Is she already eligible for ILR, combining her time as a PBS dependent, or should we wait until 28 days before the expiry of her current visa (May 2025), considering only the last two renewals? Your advice would be appreciated.

She is already eligible for ILR and her Visa expiry is irrelevant. However, she should apply for ILR under skilled worker dependant route, using form SET(O) to secure ILR (NOT the family route) This is possible because you settled under the skilled worker route (formerly Tier 2) and time spent under the family route counts under skilled worker rules

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant. Dependant partner can include time as a spouse on family routes.

https://assets.publishing.service.gov.u ... routes.pdf