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Dependant ILR Confusion

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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JacoDP88
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Posts: 2
Joined: Mon Dec 30, 2024 1:56 pm
South Africa

Dependant ILR Confusion

Post by JacoDP88 » Mon Dec 30, 2024 2:03 pm

Dear Members,

Any help or guidance on our application for my wife's ILR would be appreciated.

Initially I was on a Tier 2 General Visa and my wife a PBS Dependant.
When I qualified and got my ILR she was 4 months short of the 5 year qualifying period and we renewed/extended her Visa for another 3 years. This Visa is expiring 15th February 2025 and we now want to do her ILR application.

The confusion comes in that her BRP card now says Dependant Partner - Leave to Remain.

Am I correct in saying that her route has not changed from the original PBS and that we can apply using Set(O) forms, she has long passed the 5 year requirement?

Looking forward to your replies,
Jaco

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zimba
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Re: Dependant ILR Confusion

Post by zimba » Mon Dec 30, 2024 2:12 pm

That is because the PBS Tier 2 does not exist and all dependants will be called dependant partners.
Also, under the skilled worker rules for ILR, the route of the dependant does not even matter.
For them to get ILR, they just need to have been your dependant (under any route) for 5 years.
Apply using form SET(O) under skilled worker dependant
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

JacoDP88
Newly Registered
Posts: 2
Joined: Mon Dec 30, 2024 1:56 pm
South Africa

Re: Dependant ILR Confusion

Post by JacoDP88 » Mon Dec 30, 2024 4:09 pm

Thank you for clarifying zimba.

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