PBS Dependent to ILR - Clarification on the time spent under the partner's visa

[ggabi]

Good morning. I have been living in the UK for the past 7 years (Tier 1 for 2 years, then Tier 4 for 1 year and Tier 1 PBS Dependent for the last 4 years), all this time living with my partner. My partner came as Tier 1, got his ILR last year and now his British Citizenship. I couldn't apply for ILR at the same time as him since the Tier 4 visa I had for one year made my count go back to 0.

I complete 5 years as PBS dependent on January so I started already checking the documentation to apply for my ILR. When reading the UK GOV page https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa I noticed it says that if you are LIVING with someone for 5 years you are eligible. It doesn't say I need to be UNDER HIS VISA for the past 5 years.

So my question is, do I have to wait until January when my PBS Dependent visa expires to apply for the ILR (as it is when I will then complete 5 years as PBS dependent) or can I already apply since we have been living together for much longer than that? I don't think it is clear if this "5 year" rule means 5 years as a partner living together or 5 years as PBS dependent on the same visa.

Reason I would prefer not to wait until January is because I have no trips on the next couple of months so it would be perfect to have the visa being processed now.

Thanks a lot.

[CR001]

You have to wait till January. You need 5 years in a qualifying visa category (tier 4 is not one) for the whole 5 years.

It does refer to the visa category!!

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

[ggabi]

Thank you so much, that answers!! And the application can be made only 28 days before the visa expires correct?

[CR001]

No, the application can be made anytime within 28 days before reaching the required residence period, which starts counting from the date of issue of the PBS Dependent visa.

[ggabi]

Got it! Thank you so much for the prompt reply and have a nice day!