ILR for dependents

[Chandubhavya]

Hi,

I came to uk on tier2 general visa in 2017 and now i have Ilr.

My wife joined me in the UK bit late during june 2019 with pbs dependent visa. She had dependent visa extensions after i got ILR. I am not sure about extension route i have choosen when we submitted the application . All i know is her current BRP type of permit says "dependent partner"

For first 3 years , i am sure that she is having tier2/pbs dependent visa

For remaining 2 years , she got the extension using my ILR but dont know if we have applied through teir2/pbs dependent route or selected some other option say family route in UKVI portal.

All we know is type of permit in BRP

1. Brp - pbs dependent (for first 3 years)
2. Brp - dependent partner (for last 2 years)

Can you please help me

1. Based on brp type of permit, did she complete 5 years as dependent or by any chance visa category changed and therefore 5 year clock resets
2. How to cross check if i have made dependent visa extension under skilled worker route or not using my ILR status

Thanks for your support in advance.

Regards,
Chandu

[zimba]

The skilled worker rules do not care about the routes of the dependant visa holder as long such a person spent 5 years as your partner/dependant (including any time under family route)

Also see: viewtopic.php?t=348443#p2168642

The only important thing is that she should apply for ILR using form SET(O) under the skilled worker dependent route

[Chandubhavya]

Thank you so much for your help

[Chandubhavya]

Thanks for your support.

I have a question maybe silly one. How to cross check if my wife visa is family or spouse .

The only worry i have is she had extended her visa when i got my ILR. But how to cross check what sort of visa she holds currently?

Thanks,
Chandu

[vinny]

Doesn’t matter.

If the partner has switched into the partner of a settled person category they can apply for settlement without having to switch back to the relevant route.

The only important thing is that she should apply for ILR using form SET(O) under the skilled worker dependent route

For reference, if leave was granted for 2.5 years, then it’s probably under Appendix FM.

[zimba]

Thanks for your support.

I have a question maybe silly one. How to cross check if my wife visa is family or spouse .

The only worry i have is she had extended her visa when i got my ILR. But how to cross check what sort of visa she holds currently?

Thanks,
Chandu

By making a subject access request to UKVI. It is not really necessary because the visa route does not matter, as explained

[Chandubhavya]

Hi Zimba,

Thanks for prompt response. I will go ahead with the dependent application as suggested.

I have one more query in relation to 5-years requirement. overall my wife made three dependent applications and following are the visa dates.

PBS dependent visa 13-06-2019 to 14-04-2020

PBS dependent visa 19-06-2020 to 04-03-2022

Dependent partner visa 11-02-2022 to 31-12-2024

if you notice , second dependent visa is issue on 19-06-2020 , so effectively she had around 2 months gap bewteen 1st and 2nd BRP dates.

we actually submitted the second pbs dependent application on 03-mar-2020 however got biometric appointment bit late due to covid reasons where no appointments offered to enroll biometrics , this resulted the BRP issue date as 19-06-2022.

so my question is will it be considered and therefore we do not meet 5 years period. could you please clarify this.

Thanks,
Chandu

[zimba]

There is no gap. That is what you may perceive as a gap but it is technically not correct. This is because when you apply for a new application before your current visa expiry (an in-time application) section 3C kicks in when you reach the visa expiry date. As you continue to wait for the pending application to be decided, section 3C automatically extends the previous visa until a new decision for your in-time application is made. So technically, your visa does not expire at all until the pending in-time application is decided.

Given that the new visa is granted, then there is no gap and so there is no change to the continuity of lawful residence

[Chandubhavya]

thanks Zimba for clarifying about the gap.

I have almost finished my application and probably this is the last question i have.

following is the rule

"Suitability requirements for settlement as a dependent partner or dependent child of a Skilled Worker
SW38.1. The applicant must not fall for refusal under Part 9: grounds for refusal"


my wife's very first application to the UK as a teir2 dependent was refused. Reason is case worker did not satisfy the relationship was genuine and long term-one. then we made a new application with more documentation to support relationship and got her entry clearance.

so my question is , since she had a refusal in 2019 entry clearance and later got the approval , is there any problem for submitting her ILR application. anyway we had mentioned this as part of application.

Thanks for your wonderful support!

Thanks,
Chandu

[zimba]

No there is no issue

[Chandubhavya]

thanks Zimba , i have submitted the application , will share my experience once we receive the update on our application.

[vinny]

my wife's very first application to the UK as a teir2 dependent was refused. Reason is case worker did not satisfy the relationship was genuine and long term-one. then we made a new application with more documentation to support relationship and got her entry clearance.

If there is a question asking if a visa had been refused, then I think you should answer yes and give details, etc.