settled person with 10-year route and spouse visa

[hoangong]

Hi,

My situation is that I already stayed in the UK for 10 years (studied 6 years tier4 and work 4 years tier2). My wife's visa is spouse visa currently. She studied for 2 years then switch to spouse visa for 3 years.

If I apply ILR by 10-year route, what will happen to her visa?
Can she apply ILR in the next 2 years by 5-year route or she also has to wait for 10-year route like mine?

I have heard from my friend that because I go for 10-year route, spouse visa also has to go that route. is that true? If that is true, is it worth for me to wait for 1 more year to apply by 5-year route, so both of us can apply for 5-year route?

Kind regards

[Casa]

Can you confirm whether your wife has spent 3 years on a PBS Dependent visa or did she switch to a Spouse visa on a FLR(M) application. Your post isn't clear.

[hoangong]

Sorry for the confusion. My wife has spent 3 years on Dependent Visa.

[CR001]

If you apply for ilr based on 10nyears long residence, she has to switch to FLR M spouse visa. She cannot apply for ilr based on tier 2 dependent if you got ilr based on long residence.

Switching to FLR M resets her 5 year ilr clock. So she woul need 2 x FLR M visas for ilr based on 5 years residence.

Your friend is talking nonsense. There is no rule that your spouse can only use the 10 year route to ilr if you use the same route.

What date was your dependents initial visa granted??

[hoangong]

Hi, thanks for the reply.

Her dependent visa initially granted 2018.

So if I wait for 1 more year, to apply ILR by 5 year route, can my wife keep her tier 2 dependent, extend her tier2 dependent next year and apply ILR in 2022?

Kind regards

[CR001]

If you apply for ILR based on 5 years Tier 2, then yes, your spouse can remain as a dependent and apply for ILR after 5 years in 2023 (2018 plus 5 years. You have not stated the exact date in 2018 she was granted a visa).

[hoangong]

Hi,

She started her dependent visa on August 2018 (and expire on August 2021). She stayed in the UK the same day of her dependent visa starting date.

My tier 2 visa started from September 2016.

So my plan is that, I will apply ILR September 2021 (5 years on tier2). My wife will extend her dependent visa on August 2021 and then apply ILR on August 2023 (5 years on dependent visa).

Is that the correct route for both of us to get ILRs?

Thank you

[CR001]

Correct yes.

Her tier 2 dependent visa will be a 3 year extension.

If her visa expires in August 2021, when does your tier 2 expire if you are applying in September 2021?

[hoangong]

Thank you for answering.

My tier 2 visa expires on September 2022.