PBS Dependant -> Tier-2 General -> PBS Dependant -> ILR

[meghan]

Dear all,

Thanks for great advice posted earlier on.

My situation is slightly different regarding ILR application for my PBS Tier 2 partner.

I am qualifying for ILR in April 2018, but not clear when my husband qualifies for 5 years continuous period.

We have been married since June 2013 and been living in the UK together since August 2013. According to this, he qualifies for 5 years in Aug 2018 so won't be eligible to apply with me in April 2018.

In terms of his visa status: He initially applied for a work visa under Turkish businessperson in September 2013 and this was granted in May 2014. Due to the uncertainty regarding this route, he then switched to Tier 2 dependent visa in December 2015. So he has been under the PBS dependent visa for 2,5 years but we have been living together in the UK as a married couple for the last 5 years. My question is whether he needs to complete 5 years under the PBS dependent visa or the time we have been living together in the UK counts towards ILR given his most recent part of 5 year period is leave as my dependent?

Under immigration rules part 8; 319E. Requirements for indefinite leave to remain, the most recent part of the 5 year period have to be spent with leave as a partner of PBS migrant. So it does not say 5 years has to be under dependent visa.

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),

https://www.gov.uk/guidance/immigration ... #pt8family

Thanks for your help

[vinny]

319E(d)

(ii)[(b) and (c)] requires that the applicant must be have been granted leave as the partner during the entire specified period of 5 years.

[meghan]

Thanks for your reply

That's not necessarily what I read from the wording in this part of the guidance.

Looking at the guidance, iib suggest the dependent have to spend the most recent part of the 5 year period with leave as the partner of PBS migrant. ii(c) does apply for spouse/partner visas (FLRM), not dependent visas I believe?

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

Thanks

[meghan]

And I guess doesn't iib and iic contradict each other?

[meghan]

When I searched on this page regarding the eligibility for partners, this is what it suggests:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

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

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:

the Life in the UK Test
an English language test

>> What I don't understand here is that it doesn't suggest 5 years needs to on a dependent visa. It only requires dependent to be living with the main applicant for 5 years and their current visa needs to be a dependent visa.

Any advice?

[sandydec26]

Hi,

Have you and your husband both got ILR successfully?

[CR001]

Hi,

Have you and your husband both got ILR successfully?

The user applied for a PBS Dependent extension in order to meet the 5 years as PBS Dependent requirement for ILR.

Kindly also refrain from digging up old topics to tag onto.