Clartification Required 5 Year or 10 year for ILR

[jairamb]

Hi ,

I would like some clarification whether i need to wait for another 2 and 1/2 years or can i apply for ILR. This is my current situation

> I first entered UK in Jul 2018 under Tier 2 - Long Term Staff Partner/PBS Dependant Leave to Remain
> My spouse received ILR in Jan 2021
> Renewed Visa under Appendix FM(Partner) and received Leave to Enter Visa

Didnt stay more than 180 days in any year

Am i eligible to apply for ILR or do i need to extend Family visa for another 2 and 1/2 years. Is my qualifying period reset as i changed the visa from PBS Dependant to Family visa in 2022.

Thanks for your support

[vinny]

Direct SET(O) is now possible.

[zimba]

Hi ,

I would like some clarification whether i need to wait for another 2 and 1/2 years or can i apply for ILR. This is my current situation

> I first entered UK in Jul 2018 under Tier 2 - Long Term Staff Partner/PBS Dependant Leave to Remain
> My spouse received ILR in Jan 2021
> Renewed Visa under Appendix FM(Partner) and received Leave to Enter Visa

Didnt stay more than 180 days in any year

Am i eligible to apply for ILR or do i need to extend Family visa for another 2 and 1/2 years. Is my qualifying period reset as i changed the visa from PBS Dependant to Family visa in 2022.

Thanks for your support

Was your spouse under Tier 2 ICT route and settled via 10-year route in 2021 ??

[vinny]

@zimba asked a good question. If your your spouse was under Tier 2 ICT route, then it may be safer to extend on your current route.

[zimba]

5 year route to ILR is not possible if the lead applicant was not under a qualifying route: viewtopic.php?t=350480#p2176660

[jairamb]

Hi Zimba, Yes he was on ICT Tier 2 and got ILR in 10 year route.

[zimba]

Hi Zimba, Yes he was on ICT Tier 2 and got ILR in 10 year route.

ICT is not a qualifying route that leads to ILR. So you need either 5 years under the family route or 10 years in total to apply under the long residence as advised