Immigrationboards.com

Hi,

I am currently on a Tier 1 Exceptional Talent visa and will be eligible for ILR in October 2020. I want to know if my partner will also be eligible for ILR at the same time.

My partner has been on a PBS dependant visa since October 2019 (will complete 1 year in Oct 2020), before this she was on her own Tier 4 General Visa since August 2015 (for 4 years 2 months). We have been living together in the UK since August 2015 (a total of 5 years 2 months).

Based on the current Home Office website rules, it looks like she will be eligible for ILR in October 2020:
" * Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
* You must also have been living with your partner in the UK for at least:
** 5 years if you applied for your current visa on or after 9 July 2012 "

I was previously under the impression she will need to complete 5 years wholly on a PBS dependent visa. But if I understand correctly, it looks like she only needs to be on a PBS dependent visa at the time of application and that the 5 years of living with me in the UK can have been on any category (her own Tier 4 visa in this case).

Please could you confirm if my understanding of the rules is correct?

Thanks!
beat23242

She needs 5 years as a PBS dependent before she can apply for ilr. She cannot combine time spent on tier 4 main visa holder to make up 5 years for ilr as a PBS dependent.

Tier 4 doesn't qualify for ilr based on 5 years residence anyway.

Thanks for the swift response!