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ILR dependant eligibility query

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

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dependant101
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Posts: 30
Joined: Sun May 03, 2015 12:15 am
United Kingdom

ILR dependant eligibility query

Post by dependant101 » Sun Dec 11, 2016 12:05 pm

Hello,
My partner is the main Tier 2 (general) applicant and is currently eligible to apply for ILR under the 5-year rule.

I was here as a Tier 2 (general), but then switched to TIer 2 (dependant) in Dec 2013. We have been living together for more than 5 years so showing a relationship is not a problem.

The ILR page on Gov.uk states the following about dependant's eligibility:
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
Does this mean that my "ILR clock" has been reset since I changed from Tier 2 (General) to Tier 2 (Dependant) and therefore cannot apply at the same time as my partner?

Thanks!

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CR001
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Re: ILR dependant eligibility query

Post by CR001 » Sun Dec 11, 2016 12:16 pm

Does this mean that my "ILR clock" has been reset since I changed from Tier 2 (General) to Tier 2 (Dependant) and therefore cannot apply at the same time as my partner?
Yes, you need 5 years as dependent before you qualify for ILR. You cannot combine Tier 2 G main time and Tier 2 G dep time to make up the 5 years.

You will only qualify for ILR in 2018.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dependant101
Newbie
Posts: 30
Joined: Sun May 03, 2015 12:15 am
United Kingdom

Re: ILR dependant eligibility query

Post by dependant101 » Sun Dec 11, 2016 12:20 pm

Thanks! Appreciate your fast response!

dependant101
Newbie
Posts: 30
Joined: Sun May 03, 2015 12:15 am
United Kingdom

Re: ILR dependant eligibility query

Post by dependant101 » Sun Dec 11, 2016 12:24 pm

Would I need to reapply as a dependent if my partner makes the switch to ILR or will my current leave as a Tier 2 dependent would remain valid?

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CR001
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Re: ILR dependant eligibility query

Post by CR001 » Sun Dec 11, 2016 12:38 pm

Current visa remains valid and you apply for an extension as PBS if required shortly before expiry if you have not reached the mark for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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