2-year ILR Route - Canadian Wife

[mrodwell]

Hi All,

I would appreciate your guidance on the following query about my wife's eligibility to apply for ILR.

- I am a British born national. My wife is Canadian. We have been married for 10 years and have two Children (both with British passports).

- We got married in March 2008 and my wife resided in the UK with me on a spouse visa between April 2008 to July 2010, so she completed 27 months under her Part 8 visa.

- In July 2010 we left the UK and lived in the Middle East until April 2015.

- I obtained a new Spouse VIsa for my wife which she held from April 2015 - May 2017.

- In May 2017 she went back to Canada for a few months for the birth of our child.

- In September 2017 she returned to the UK on a Tier 2 work visa with her employer rather than a spouse visa.

- She has held a tier 2 work visa since September 2017.

- She has resided and worked permanently in the UK since April 2015.

My question is this: is she eligible to apply for ILR under the two-year route because she originally held a visa under the pre July 2012 rules and completed 27 months? Or did this all reset because we left the UK after her first 27 month visa under the old rules expired?

Many thanks

Mike

[zimba]

No she cannot. The spouse visa would have been much better option than Tier 2. Her immigration status could be affected again if she is made redundant or leaves her job. She will be eligible the earliest under Tier 2 in 2022 assuming all Tier 2 requirements are satisfied

[mrodwell]

Thanks ZImba. That's very helpful.