Qualifying Period Tier 2 combination to ILR

[swu123]

Hello all，

I have lived continuously 10 years in the UK with a combination of Tier 4 and Tier 2 visas. I am currently on a Tier2 visa and planning to apply for ILR in either 5 years on tier 2 visa or 10 years route.

My visa history is as below:

2011-2014: 3 years on Tier 4 (BA)
2014-2016: 2 years on Tier 2
2016-2018: 2 years on Tier 4 (MA)
2018-present: 3 years+ on Tier 2 Valid until 2024

My wife's visa history is like:
2013-2015: 2 years on Tier 4
2015-2016: 1 years on PBS Dependent (Tier 2)
2016-2018: 2 years on PBS Dependent (Tier 4)
2018-present: 3 years+ on PBS Dependent Valid until 2024 (Tier 2)

May question is:
1. If I can use the combination of 5 years with two Tier 2 visa and a 2 years Tier 4 visa gap to apply for ILR? Or do I have to go through the 10 years route?
2. If I go through the 5 years Tier 2 route, can my wife apply ILR at the same time with me with her combination of 5 years PBS Dependent on two ?
3. If I go through the 10 years route, does my wife need to apply a spouse visa and wait for another 5 years to apply ILR for herself?

Thanks a lot.

[vinny]

Qualifying period requirement for settlement as a Skilled Worker

SW 21.1. The applicant must have spent a continuous period of 5 years in the UK.

SW 21.2. The 5-year continuous period must consist of time with permission on any of, or any combination of, the following routes:

• (a) Skilled Worker; or
• (b) Global talent; or
• (c) Innovator; or
• (d) T2 Minister of Religion; or
• (e) International Sportsperson; or
• (f) Representative of an Overseas Business; or
• (g) as a Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur) Migrant; or
• (h) permission on any other route, during the time the applicant was waiting for a decision on their application as a Skilled Worker, providing that application:
  • (i) was for permission to stay; and
  • (ii) was made between 24 January 2020 and 30 June 2021 (inclusive); and
  • (iii) was supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor; and
  • (iv) was granted.

Unfortunately, SW 21.2. excluded time spent under Tier 4. Therefore, the continuous period was broken.

The 5 year qualifying period for ILR under Skilled worker resets when they granted leave as a Skilled worker in 2018. Your wife may apply with you when you qualify.

If you apply for ILR under Long residence, then she may have to switch to FLR(M) with extra expense, unless she is also eligible under Long residence.

[swu123]

Thank you for your reply. Very useful information.

S