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ILR eligibility for stay on multiple visa types in 5 yrs

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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swap567
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ILR eligibility for stay on multiple visa types in 5 yrs

Post by swap567 » Mon Jul 18, 2022 7:59 pm

Hello All,

I have been living in UK for last 5 years with my wife and daughter. I intend to apply for ILR for all us.
We lived in UK for first 3yrs on my wife Tier 2 general visa (skilled worker visa now) and I was as her dependant. we both worked during that period. Last 2 yrs, I worked on Skilled worker visa sponsored by the company that I am still working. Also, my and daughter visa changed to as my dependant. My wife did not work from last 2 yrs.
I need to know if we are eligible to apply for ILR as we have completed 5 yrs in UK and regularly paid all taxes.
also, if we are eligible
  • Shall I apply in skilled worker category and my wife and daughter apply as dependant? also, what form I need to use (SET (O) or SET (M)
Apologies if similar question has been answered previously. I couldn't find in search result. Any help/advice will be very much appreciated
Thank you

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CR001
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Re: ILR eligibility for stay on multiple visa types in 5 yrs

Post by CR001 » Mon Jul 18, 2022 8:02 pm

None of you qualify for ilr.

You need 5 years as skilled worker visa holder and your wife and child need another 5 years as PBS Dependents.

You cannot combine dependent visa time with main PBS visa time to make up 5 years.
Char (CR001 not Casa)
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cherrytrees
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Joined: Tue Jul 19, 2022 9:23 pm
United Kingdom

Re: ILR eligibility for stay on multiple visa types in 5 yrs

Post by cherrytrees » Tue Jul 19, 2022 9:26 pm

Hi,

I am in the same situation and am looking to apply for ILR as well.

Do you know why the Home Office may not count the blended years on a visa as a main visa holder & dependent, even if they were the same visa class (e.g. I switched from being Tier 2 dependent to being Skilled Worker main visa holder)? My understanding was that they just require you to fulfill five years on a qualified visa.

Thank you

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CR001
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Re: ILR eligibility for stay on multiple visa types in 5 yrs

Post by CR001 » Tue Jul 19, 2022 10:02 pm

cherrytrees wrote:
Tue Jul 19, 2022 9:26 pm
Hi,

I am in the same situation and am looking to apply for ILR as well.

Do you know why the Home Office may not count the blended years on a visa as a main visa holder & dependent, even if they were the same visa class (e.g. I switched from being Tier 2 dependent to being Skilled Worker main visa holder)? My understanding was that they just require you to fulfill five years on a qualified visa.

Thank you
1. You should post in your own topic instead of tagging onto other members topics please

2. Skilled worker and PBS dependents have different rules. The two categories can only be combined for ilr based on 10 years long residence and this has always been the case.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

swap567
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Joined: Mon Jul 18, 2022 7:38 pm
India

Re: ILR eligibility for stay on multiple visa types in 5 yrs

Post by swap567 » Wed Jul 20, 2022 9:43 am

Thank you CR001. much appreciated

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