ILR For Dependent Partner Declined

[asingh83]

Hi,

I applied for ILR today (25/05/18) having been on Tier 2 General for 5yrs with my dependents, my partner and her son.

My dependent partner has been refused ILR under 319E(d)(ii) however I received ILR and so did her dependent son.

The immigration advisor gave the view under 319E(d)(ii) that she has to be a dependent of mine for a continuous 5yrs and that her time on her own Tier 2 General doesn't count. This was contradictory advice my partner was given when she applied to be a dependent on 19/11/14. In a way ignorant in not checking this since......

Her situation is as follows:
- She was on her own Tier 2 General visa from 06/10/12
- Switched to a dependent on my Tier 2 visa from 19/11/14
- Therefore we can prove she was a dependent from 2yrs before 19/11/14 which would be 19/11/12 i.e. more than 5yrs.

Whats grounds do we have to appeal this and get her ILR?

[zimba]

No. Under immigration rules in order to get ILR under PBS dependant route (if visa was granted initially after 2012 rule changes), you must have spent at least 5 years as PBS dependant in the UK and any time spent under other categories like Tier 2 General does NOT count.
She will be eligible at the end of 2019 when her 5 years is up. She needs to get another PBS dependat extension and apply for ILR in 2019