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Student Dependent (3yrs) + Tier 2 Dependent (2yrs) ILR visa

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

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kanchochora
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Joined: Mon Oct 16, 2017 8:10 pm
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Student Dependent (3yrs) + Tier 2 Dependent (2yrs) ILR visa

Post by kanchochora » Mon Oct 16, 2017 8:22 pm

Dear all,

I was Tier 4 student dependent for 3 years and then we changed our visa status and then I am tier 2 dependent for 2 years. I have been paying tax for all these 5 years and my yearly wage also meets the income requirement for ILR application (35k +). Will I be eligible for ILR application on the basis of that? Because we have to wait for 3 years more, I was thinking if I could apply for ILR as I have already been living here for 5 years and paid council tax and 1000L for all the time I have been here in the UK. Please give us good suggestions.

Thank you.

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Casa
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United Kingdom

Re: Student Dependent (3yrs) + Tier 2 Dependent (2yrs) ILR visa

Post by Casa » Mon Oct 16, 2017 8:32 pm

You don't qualify for ILR yet as your immigration clock was re-set to zero when you switched to your Tier 2 Dependent visa. You will need to spend a further 3 years under this category.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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South Africa

Re: Student Dependent (3yrs) + Tier 2 Dependent (2yrs) ILR visa

Post by CR001 » Mon Oct 16, 2017 10:11 pm

I have been paying tax for all these 5 years and my yearly wage also meets the income requirement for ILR application (35k +).

There is no 'minimum £35k' income requirement for Tier 2 General dependents. The income requirment is ONLY applicable to the main Tier 2 General visa holder applying for ILR.
Will I be eligible for ILR application on the basis of that?
No
Because we have to wait for 3 years more, I was thinking if I could apply for ILR as I have already been living here for 5 years
You can only apply for ILR based on 5 years residence when your partner who is the main Tier 2 General visa holder applies for ILR. You cannot apply separately from your partner unless applying for ILR based on 10 years long residence.
and paid council tax and 1000L for all the time I have been here in the UK.
Everyone in the UK pays council tax and all working people pay income tax. This is itself doesn't mean you qualify 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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