Main Applicant got ILR and Spouse on Tier 2 dependent

[raj324k]

Hi

I came to UK as Tier 4 (Gen) migrant to do Ph.D. and my wife came to UK as a PBS dependant of Tier 4(Gen) in May 2010.

In Feb 2013, my wife got a job and they sponsored her Tier 2 (gen). She switched to Tier 2 (Gen) migrant visa from PBS dependant of Tier 4 visa, inside UK. As I was still doing Ph.D. at that time, I stayed on my Tier 4 (gen) visa.

In Dec 2013, I switched to PBS dependant of (my wife) Tier 2(gen) migrant from Tier 4 (gen) inside UK, as I finished my Ph.D. We were living together in UK and have a joint bank account and utility bills, which we submitted as proof of cohabitation in UK.

Now after 5 years, in Feb 2018, my wife completed 5 years continuous residency and employment as Tier 2 gen migrant, applied for ILR visa. She got ILR visa.

I am on PBS dependant of Tier 2 gen visa now. My visa expires on end of March 2018.

I checked the eligibility criteria using the below link
https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-someone-who-has-settled-in-the-uk/on-a-work-visa/a-tier-1-tier-2-or-tier-5-visa

Eligibility for partners
1. Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
2. You must also have been living with your partner in the UK for at least:
- 2 years if you applied for your current visa before 9 July 2012
- 5 years if you applied for your current visa on or after 9 July 2012

3. When you apply for settlement, you and your partner must:
- be living together in your own accommodation
- not be using public funds
If you’re 18 to 64 years old when you apply, you must also pass:
4. the Life in the UK Test
5. an English language test

In my case:
My current visa is PBS dependant of my wife Tier 2 (gen) visa.
We were married in Aug 2009. Me and my wife living together in the UK from May 2010 (7 years 10 months).
We have proofs for cohabitation, council tax bills, joint bank account statements and utility bills etc.
We have not used any Public funds.
I have a UK Ph.D. degree and I have passed Life in the UK test.
I do not have any court orders or criminal record.
We have not traveled outside UK more than 180 days in any 12 months.

Am I eligible for applying ILR visa?
Is 5 Years continuous stay in the UK must be on a PBS dependant visa?
My previous stay in the UK on Tier 4 (Gen) visa, can be counted towards 5 years limit?

Any help will be appreciated.

Thanks for your advice in advance.


.

[CR001]

Am I eligible for applying ILR visa?

No.

Is 5 Years continuous stay in the UK must be on a PBS dependant visa?

Yes. You will qualify no sooner than within 28 days of 5 years on PBS dependent visa in December 2018.

My previous stay in the UK on Tier 4 (Gen) visa, can be counted towards 5 years limit?

No it does not because Tier 4 DOES NOT lead to ILR based on 5 years residence.

[raj324k]

Thank you CR001, for your quick reply.

I will apply for an extension of my PBS dependant of Tier 2 visa for further leave, and wait until I complete 5 years on PBS dependant visa.

[CR001]

It will be a 3 year extension.

[raj324k]

hi

my current visa as pbs dependant is valid until 28 April 2018. My spouse got her ILR.

can I apply for extension of pbs dependant of tier2 gen next week, which is more than 28 days before current visa expiry date? Because I have travel plans end of next month.

thanks for your advice.

[vinny]

Yes.