ILR PBS Dependent Partner - previously in Channel Island

[uk2213]

Hi,

My wife previously was in Jersey under a Tier 2 working visa for Jersey. When we got married, she applied for a PBS dependent visa under my Tier 2 UK working visa and got approved in May 2017. She didn’t move to UK immediately until she got a job in here in Oct 2017.

My questions are:

1. Will she be eligible to apply for ILR already this May 2022 even though she was still living in Jersey in May 2017?

2. If the answer in 1 is yes, will her time in Jersey (May 2017-Oct 2017) be considered as a time outside the UK?

Thank you in advance.

[zimba]

Time spent in crown dependencies is considered absence from the UK, however PBS dependants do not have absence limits for ILR during a visa period when such visa was issued before 11 Jan 2018. So it is irrelevant

[uk2213]

Hi Zimba,

Thank you for your reply.

Would that mean she is already eligible and can already apply for ILR in May 2022?

Would you know where can I find guidance on the documents that we need to provide in support for her application? Am I right in thinking we should use Form O?

Thank you.

[zimba]

Yes, she is eligible now. Use form SET(O). The online system will tell you what to send.

[uk2213]

Sorry, one more thing.

She had IELTS before when she applied for her Tier 2 working visa for Jersey. Can she still use that now for her ILR in the UK?

[zimba]

Yes

[uk2213]

Sorry, Zimba. Just want to clarify, her IELTS that she used for her Jersey visa already expired. Can she still use that now for ILR in UK?

[zimba]

It is always been accepted however you maybe better off to get a new SELT B1 pass certificate to be on the safe side

[uk2213]

If they won’t accept the IELTS, would it be a cause for her ILR refusal or would she just be asked to send a new one?

[zimba]

If they won’t accept the IELTS, would it be a cause for her ILR refusal or would she just be asked to send a new one?

Often asked to provide one

[uk2213]

Thanks so much, Zimba for replying to my questions.