ILR eligibility on 10 years route and apply date

[jibranahmad]

I entered the UK on a Tier 2 Intra company transfer visa in Jan 2010 and got the ILR on 18 Feb 2016 followed by a British passport in July 2017.
I got married to a Pakistani national in Oct 2014 and my wife got her first dependent visa in Jan 2015.
She first entered the UK on 22 April 2015. The following are my wife's visa details.

First UK Visa:
Type of Permit: VISA TIER 2 ICT LONG TERM STAFF PARTNER
Date of issue: 14-01-2015
Valid Until: 18-02-2016

Extension 1:
Type of Permit: PBS Dependent Leave to Remain
Date of issue: 18-02-2016
Valid Until: 18-02-2019

Extension 2:
Type of Permit: PBS Dependent Leave to Remain
Date of issue: 20-02-2019
Valid Until: 20-02-2022

Extension 3:
Type of Permit: Dependent Partner Leave to Remain
Date of issue: 11-02-2022
Valid Until: 11-02-2025

Schedule of Absence till date:
Departure (dd/mm/yyyy) Re-entry (UK) (dd/mm/yyyy) Destination Purpose of travel Days absent
1 09/05/2015 19/06/2015 Pakistan Family visit 40
2 04/07/2015 15/11/2015 Pakistan Family visit 133
3 27/02/2016 30/04/2016 Pakistan Family visit 62
4 10/09/2016 09/10/2016 Pakistan Family visit 28
5 23/08/2017 29/09/2017 Pakistan Family visit 36
6 14/07/2018 16/09/2018 Pakistan Family visit 63
7 09/08/2019 31/08/2019 Pakistan Family visit 21
8 14/12/2019 17/12/2019 SPAIN holidays 2
9 23/02/2020 02/03/2020 US Holidays 7
10 06/04/2022 27/04/2022 Pakistan Family visit 20
11 10/08/2022 01/09/2022 Pakistan Family visit 21
12 21/10/2022 25/10/2022 GREECE holidays 3
13 04/12/2023 29/12/2023 Pakistan Family visit 24

We have got two kids both are British nationals by birth.

My wife currently hold spouse visa which is going to expire on 11 Feb, 2025 and I am exploring the option if she is eligible for ILR on a 10 year route or require another spouse visa extension
I have the following questions:
1. May I know when the continuous residence period starts. Is it on the day she entered the UK for the first time (22 April 2015) or the date first visa was granted/started (14 Jan 2015)?
2. Since the 10 years continuous residence period is ending after 11 April 2024, so will the following rules apply for the absence calculation:
184 days per trip and 548 days in total, for the period until 10 April 2024;
up to 180 days in any rolling 12 months for the period from 11 April 2024
3. If her continuous residence started on 22 April 2015 then is my wife eligible for ILR on 22 April 2025 on a 10 year route, considering she doesn't have absents more than 184 days in any trip outside the UK?
4. If the continuous residence started on 14 Jan 2015 then is my wife eligible for ILR on 14 January 2025 on a 10 year route, considering she doesn't have absents more than 184 days in any trip outside the UK?
5. If she is eligible on 22 April 2025 then is there any way I can apply for her ILR in Feb 2025 and avoid the spouse dependent visa extension and associated fee?

[zimba]

How did you get your ILR ? What was the route ?

[jibranahmad]

I got ILR via 5 years route. Converted from Tier 2 intracompany to ILR.

[CR001]

Why did you not apply for your spouse ILR after 5 years on dependent visa?

[jibranahmad]

My previous company hired XX for my wife visa extension and they did the ILR assessment and said that it's a grey area and in the new rules for ILR tier 2 intracompany is not mentioned and they are not sure.
They were not keen to apply for her ILR and said it's risky and extended her visa.
This time I have to apply myself and seeking advice.

[CR001]

You were given advice by moderator Vinny in December 2021 with links to read re successes.

https://www.immigrationboards.com/viewt ... 2#p2046997

[jibranahmad]

Yes I read and tried to go for ILR under 5 years but my company didn't go for it.
This time I am applying on my own under 10 years route so seeking advice.
Could you please advice from 10 years route perspective and the 5 questions I need clarity on please.

[zimba]

Yes I read and tried to go for ILR under 5 years but my company didn't go for it.
This time I am applying on my own under 10 years route so seeking advice.
Could you please advice from 10 years route perspective and the 5 questions I need clarity on please.

If you settled under Tier 2, it is now possible for your spouse to settle under the 5-year worker dependant route.
The fact that they are under the family route does not matter.

See: https://www.immigrationboards.com/viewt ... 8#p2176294

[jibranahmad]

Hi Zimba,
So the fact that Tier 2 Intra company Transfer is no longer leading to ILR doesn't apply to my wife and also the change of visa category in the past renewal?

Thanks in advance?

[zimba]

Yes. That is what the rules under skilled worker route says

[jibranahmad]

If I apply on a 5 year route and God forbid the application is rejected, then what would be my options?
Would I have the option to appeal? Or will I have to extend her existing visa and then apply for ILR again on 10 years route.
Her 10 years are gonna complete on 22 April and can apply ILR 28 days before that date, so the period to cover is between 11 Feb 2025 till 25 March 2025.

[zimba]

There are no appeal rights. It would be extension and then long residence