ILR 2 year vs. 5 year route

[vivid_guy_007]

Hi,

Greetings to the group!
We have now come full circle in terms of applying for ILR. I am a naturalized British citizen and my wife joined me in UK using spouse visa in Aug-2017 (was valid until May-2020). Since then she renewed her Spouse visa once in Nov-2020 which is valid till Jun-2023. She has been in UK since Aug-2017 (5 years 7 months) without any breaks and meets financial and English language requirements. I have following questions:

1) Is she eligible to apply for ILR? If so, then would it be SET(M)?

2) Would it be through (a) Partner of a person present and settled in the UK - 5-year route OR (b) Spouse of a person present and settled in the UK - 2-year route? The confusion stems from word Partner and Spouse in two options.
It almost feels that we missed option #b in 2020 and wasted money on Spouse visa renewal and should have gone for 2 year ILR route .

3) Given the long waiting times to get ILR decision, I believe she is legally ok to remain in her job in UK while waiting for ILR decision? OR do we need to seek priority or super priority channels? What should she provide her employer while waiting for ILR decision?

Many thanks,
Abhi

[CR001]

1) Is she eligible to apply for ILR? If so, then would it be SET(M)?

If she arrived in the UK in August 2017 on a Spouse visa (not a 6 month fiance visa) then she could have applied for ILR in August last year already. Set M is the form yes.

2) Would it be through (a) Partner of a person present and settled in the UK - 5-year route OR (b) Spouse of a person present and settled in the UK - 2-year route? The confusion stems from word Partner and Spouse in two options.
It almost feels that we missed option #b in 2020 and wasted money on Spouse visa renewal and should have gone for 2 year ILR route .

There is NO 2 year route unless she got a spouse visa before 9th July 2012. There is only a 5 year for any visas after this date.

3) Given the long waiting times to get ILR decision, I believe she is legally ok to remain in her job in UK while waiting for ILR decision?

Yes, not an issue as long as she applies before visa expiry date. She could have applied 6 months ago already.

OR do we need to seek priority or super priority channels? What should she provide her employer while waiting for ILR decision?

You can still use super priority if you choose to and it is available. Employers can check her right to work digitally.

[vivid_guy_007]

Thanks CR001 a lot for your quick reply. Immigration board rocks!
Regards,
Abhi