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She has to complete 5 years. Remember to renew her Visa as a PBS dependant, if further renewal is needed. Do not use form FLR(M) - partner of a settled person - that will restart the 5 year clock if you do so.Qayyum wrote: ↑Fri Mar 30, 2018 6:40 pmGood Afternoon,
I want to ask from board members wether my spouse can apply for ILR ( completion of 3 Years under Dependant of Tier-1 PBS Accelerated route) as she is dependant of me and I successfully got ILR on the basis of Tier-1 Entrepreneur Accelerated route of 3 Years. She is in UK for 3 Years as PBS dependant.
She came in start of 2015 as spouse of Tier-1 Entrepreneur
Main Applicant (I) got ILR in August 2017 (Accelerated Route 3 Years)
she lawfully completed her 3 Years in UK.
Can I apply ILR for her using set(0) form or she has to complete 5 years like other categories. I came to know that she can switch to ILR as I got ILR on the accelerated route.
Many Thanks
If she had entered the UK with him, would she not have been able to get ILR with the OP?
I was advised by immigration solicitors that I can apply for her ILR as she came entered in UK as dependent of Tier-1 Entrepreneur Visa and got extension of same PBS (she joined me 6 months after my visa). The solicitor said she has to apply on the basis of same route (Accelerated route of 3 Years) for her ILR. I am not 100% sure, that was the reason I came on this platform to get an advise from senior members.
The immigration rules does not have any provision for a 3 year route for partner ILR. This question has been asked before on this forum and I do recall other senior members giving the same answer.Qayyum wrote: ↑Fri Mar 30, 2018 8:46 pmI was advised by immigration solicitors that I can apply for her ILR as she came entered in UK as dependent of Tier-1 Entrepreneur Visa and got extension of same PBS (she joined me 6 months after my visa). The solicitor said she has to apply on the basis of same route (Accelerated route of 3 Years) for her ILR. I am not 100% sure, that was the reason I came on this platform to get an advise from senior members.
I find it hard to believe that if you apply on the same set(o) form for accelerated that dependent would not be approved. The guidance does not say "your dependants cannot be accelerated". Do you even input visa history for dependant? I know you don't input travelmarcnath wrote: ↑Fri Mar 30, 2018 9:03 pm
The immigration rules does not have any provision for a 3 year route for partner ILR. This question has been asked before on this forum and I do recall other senior members giving the same answer.
Immigration solicitors should know this better. There are occasional cases where HO does seem to deviate from their own guidelines - Super premium appointment for T1E is an example. This could be another undocumented exception but I doubt it.