Applying for ILR as spouse under mix of dependent + work Visa

[Fleurdelys13]

Hello,

I got married 3 years ago and came to the UK under a work Visa. I started applying to jobs before moving and got a job. My husband and I didnt want to be dependent on each others' visa so I came under a Tier 2 work Visa.

He now has his ILR. If I do go on a Tier 2 dependent visa now, would my count restart for 5 years to be eligible for ILR.

The guidance says I need to have been married for 5 years and living with my spouse under a Tier 1, Tier 2 or Tier 4. It doesnt specify which.

But then somewhere else I read it should be 5 years as a dependent visa specifically.

Did anyone go through a similar situation?

Thank you.

[CR001]

He now has his ILR. If I do go on a Tier 2 dependent visa now, would my count restart for 5 years to be eligible for ILR.

You cannot apply for a tier 2 dependent visa if your husband now has ILR.

The guidance says I need to have been married for 5 years and living with my spouse under a Tier 1, Tier 2 or Tier 4. It doesnt specify which.

You need 5 years on a PBS Dependent visa to qualify for ILR under the PBS route on form SET(O).

But then somewhere else I read it should be 5 years as a dependent visa specifically.

Correct.

Did anyone go through a similar situation?

The option to switch to a tier 2 dependent visa is no longer available to you as your husband now has ILR. It would only apply if you became a PBS dependent BEFORE he got ILR.

In any event, switching to any dependent visa category now will reset your 5 year clock for ILR to zero. You cannot combine tier 2 main visa holder time with any dependent visa time to make up 5 years for ILR.

[Fleurdelys13]

Thanks for the reply. That's what I thought. But I am reading and re-reading these pages and tell if I am understanding anything wrong but the first says specifically 5 years in the UK (NOT on that visa). And then the second page says we only need two years on that visa. I know the 2 year route was gone in 2012 but am I understanding anything wrong:

https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner

Eligibility
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years.

If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years.

If you’re not sure which route you’re on, check the letter you got from the Home Office when your ‘leave to remain’ was last approved"

Notice the wording difference between point 1 and point 2. Point 2 says "ON THAT VISA". Point 1, just says 5 years so assuming it could on different type of visas. I would have been married for 5 years, just first on Tier 2 then Spouse visa.

Also, the paragraphs in the immigration law for family route visa (this says 2 years, what am I understanding wrong?) - Paragraph 287 in the Spouse section:
https://www.gov.uk/guidance/immigration ... ly-members

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or
__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or
__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; or
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant or Appendix W Worker; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or
__(e) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Relevant Points Based System Migrant or Appendix W Worker; and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; or
__(f) the applicant was admitted into the UK in accordance with paragraph 319L and has completed a period of 2 years limited leave as the spouse or civil partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the spouse or civil partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen.
(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
(vii) the applicant does not fall for refusal under the general grounds for refusal.
(b) The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in the United Kingdom are that:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; or;
__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled in the United Kingdom in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join; and
(ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and
(iii) the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and
(iv) each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of the death; and
(v) the applicant does not fall for refusal under the general grounds for refusal.

[CR001]

The link you are posting of Immigration Rules Part 8 refers specifically to spouse settlement visa issued BEFORE 8th July 2012. They are the wrong rules to read as they are not relevant to you at all.

The immigration rules relevant to spouse of settled person FROM 9th July 2012 is Immigration Rules Appendix FM - family life with partner., which clearly states you need 60 months in this visa category for ILR.

https://www.gov.uk/guidance/immigration ... ly-members

Section E-ILRP: Eligibility for indefinite leave to remain as a partner

E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

You do NOT qualify for ILR as the spouse of a settled person until you have held the relevant spouse visa under Appendix FM for 60 months (5 years). There is no shortcut route if you change visas.

You also CANNOT combine tier 2 main visa holder time with ANY dependent visa to make up 5 years to qualify for ILR.

You either need to stick wait 5 years on your tier 2 and apply for ILR if you meet the requirements OR switch to FLR(M) spouse visa and wait another 5 years (2 x 2.5 year visas).

Eligibility
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

It does clearly state if you have a family visa as a spouse or partner you need 5 years.

[Fleurdelys13]

Thanks for clarifying! It's clear. Disappointing but clear:). We now have two young kids and I really dont want to leave them with nannies or at nursery all day. Plus cost is childcare is higher than what I earn so would really like to switch to a spouse visa to be home for a few years. It's a hard decision because there is only 2 years left... maybe restarting a five year count wont be that bad.
Thanks anyway!