Tier 2 ict now applying ILR dependant

[Bernardobrien#]

Good Afternoon
My partner recently received ILR following her from Ancestry visa using SET 0.
I have been in the UK since 2014 on a T2 LONG TERM ICT visa, which runs through to 09/2021
I would like to transfer to my partners ILR as a dependent. Is this possible, and are there any restrictions. If not …what form should I use.
And, what forms of proof of partnership do we need, as we are not married, but have been together for 20 years
Thanks for your help
Bernard

[CR001]

1. Kindly refrain from tagging onto topics not relevant to your questions.

2. How long have you been in a relationship with your partner? Are you married or unmarried?

[CR001]

1. Kindly refrain from asking questions in the timeline only thread.

2. How have you qualified to apply for ILR on form Set M if you haven't held a flr m spouse visa for 5 years??

Applied for ILR Route : SET M, Spouse visa, Super Priority
Date application sent : 6th April 2019
Document received by HO :6th April 2019
Ack letter received (if appl6icable) :N/A
Biometric Letter received :Appointment at the Croydon facility
Date Biometrics Enrolled :16th April 2019
Payment Debited :6th April 2019
Approval/Refusal Received :Still waiting (May 30th, 2019) , 2 escalations with no progress or information, , MP contacted and wrote letter, no response to date, informed only that other documents from other departments required. Next possible escalation is 7th June, however no information was forthcoming via the last escalation
BRP Card Received : Still Waiting.

[Bernardobrien#]

Apologies - i didn't see your earlier response.
We have been together for 20 years, and are not married - but have provided substantial evidence of co-habitation, financial records, etc,..
I believed that, as my partner now has ILR based on ancestry, that I could then apply as a dependant, and hence used the SET M application
the documents were checked at Croydon as part of the application

[CR001]

I believed that, as my partner now has ILR based on ancestry, that I could then apply as a dependant, and hence used the SET M application

You don't qualify for ILR on form Set M.

You should have applied to switch to FLR M spiuse visa for 2 5 years. Then another 2m5 year extsnion before you can apply for ILR.

There is no fast route to ILR for you simply because your partner now has ILR.

Your ilr will be refused.

Note they the ukcvas service are only third party agents, they are not HO staff or caseworkers and the staff at the centres only check what has been submitted against the checklist for the application. They don't tell you that you made the wrong application as they are not advisors.

[Bernardobrien#]

Thanks for letting me know. A lawyer informally told us that this route would work. In any case I don't have 2.5 years left on my existing visa now, or even from May 2019 when my partner got her ILR, to satisfy that time frame, as my current visa expires in September 2021

[seagul]

If you have tier 2 visa from 2014 then why not you planning to apply ILR this year when you will complete your 5 years??

[CR001]

If you have tier 2 visa from 2014 then why not you planning to apply ILR this year when you will complete your 5 years??

Tier 2 ict doesn't lead to ILR.

[CR001]

Thanks for letting me know. A lawyer informally told us that this route would work. In any case I don't have 2.5 years left on my existing visa now, or even from May 2019 when my partner got her ILR, to satisfy that time frame, as my current visa expires in September 2021

You have misunderstood my post. You need to switch and apply for a spouse visa on form FLR M which will be a 2 5 year visa. Then extend it later for another 2 5 years. Only once you have almost 5 years on FLR M spiuse visa will you be eligible for ILR on form Set M.

Time spent on tier 2 ict is irrelevant and doesn't count for ILR based on 5 years residence.

Who advised you that you qualify for ILR on Set M? I hope you didn't pay for such extremely poor advice from someone that clearly has no clue about visa categories and relevant mmigration rules.

[seagul]

If you have tier 2 visa from 2014 then why not you planning to apply ILR this year when you will complete your 5 years??

Tier 2 ict doesn't lead to ILR.

Thanks you are right. I checked guidance and after 6th April 2010 the rule was changed.

[Bernardobrien#]

Thanks for clarifying things for me. The advice was via a lawyer, however we didn't end up engaging them. There was only mention of going straight to an ILR application, not the FLR that you outlined.Having looked at the initial FLR online application, if I make that application now it voids the 'in train' ILR application, from what i can see. I'd say that i will wait for the final ILR decision, and then decide if and when i do an FLR.
Thanks again

[Bernardobrien#]

Apologies, i have a further question, if I may. I do need to travel to France next week . If I simply cancel my ILR application , does that mean that I can travel and my existing Tier 2 ICT visa remains in place ? Also, i need to travel to Italy later in the month, and to the USA the following month.
Thanks for your help