Eligibility for ILR

[gkjanarthanan]

Hi, thanks in advance for your help.

This is regarding ILR eligibility for my wife.

She has now completed 9 years in the UK with the first 6 years as dependent on Tier 2 ICT and the recent 3 years as Tier 2 General Dependent. I have now settled in the UK as a British Citizen (following ILR for about 14 months). When I settled in the UK, I was on UK Skilled worker visa. The question is whether my wife is now eligible to apply for ILR as I can see all of the eligibility requirements met as below:

1) She is dependant on my work visa and I am already settled in the UK
2) My last work visa was a Skilled worker visa
3) My wise has been living with me for more than 5 years in the UK
4) She has spent no more than 180 days outside UK in an 12 month period
5) Enough financial requirements
6) Can prove genuine relationship.
7) Proof of LIUK and English language test.

The doubt I have is since we came under ICT Visa, does she have to wait for settling under 10 year LR route or the above eligibility criteria are sufficient for her ILR

Thanks
Janarthanan

[CR001]

As you got ILR based on 10 years long residence she cannot apply for ILR based on 5 years as a pbs dependent. The rules dont allow it.

When does her visa expire? When you got ILR, she should have switched to FLR M spouse visa.

[gkjanarthanan]

Thank you for prompt response. I found the below in the gov.uk website :
Quote
If your partner is already settled
You can apply for indefinite leave to remain as a dependant on your partner’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’).

You must have had permission to be in the UK as a dependant on their work visa when they settled.
Unquote

Her visa is Valid till Jun 23

[CR001]

Can you post the link to the website?

[meself2]

https://www.gov.uk/indefinite-leave-to- ... -work-visa

[gkjanarthanan]

https://www.gov.uk/indefinite-leave-to- ... -work-visa

[gkjanarthanan]

Hi,

Just wondering if there is an update on my query

Thanks

[meself2]

see post2111863.html#p2111863 for discussion on the matter, I guess