ILR SET (LR) dependent visa does my wife need to switch to FLR

[Nav1231]

hi

I have received ILR long residency SET(LR) in Aug-2018 through Tier 2 general (sponsorship).

my wife came to UK as my dependent in Jun-2015, now her visa expires on Nov-2021, she completes her 5 year dependent on Jun-2020.

My question is

1. Is my wife eligible to apply ILR in Jun-2020?
2. OR does she need to switch to FLR(M) which starts the clock back to zero
3. I have seen in this forum saying that she has need to switch to FLR but I have called UKBA today and they said she can apply for ILR in Jun-2020 without switching to FLR.

is UKBA advisor confused or blog which I read is old rule?

Thanks
Nav

[CR001]

i have received ILR long residency SET(LR) in Aug-2018 through Tier 2 general (sponsorship).

Your post is confusing. Did you apply for ilr based on 10 years long residence or through tier 2 route.

You can't do both, it is EITHER long residence on Set LR form OR Tier 2 for 5 years on Set O!!

Depending on the true and accurate facts for yourself, will depend on which advice and route applies to your wife. Might be useful to post your UK immigration history.

[Nav1231]

hi Cr001

I have received ILR through Long residency (SET (LR))

came to UK AUG-2008 as student
---> PSW from Apr 2011- Apr 2013
---> Tier 1 Entrepreneur Nov 2013- Nov 2016--> my wife came to UK in 2015
---> tier 2 general sponsorship Oct 2016- Oct 2021-- my wife got visa till Oct 2021

applied for ILR SET(LR ) 10 year route on JUL-2018

[CR001]

1. No she is not eligible in 2020 for ILR through PBS dependent route 5 years residence because you did not get ILR through PBS route. The rules don't allow her to to get ILR on her current visa route.

2. She needs to switch to flr m and meet all the requirements including English and financial requirement of £18,600pa. Her clock towards ILR will also reset to zero and she will need 2 x 2.5 year flr m visa before she can apply for ILR.

3. The call centre, which is outsourced, is wrong and they were likely confused too if you stated ilr through tier 2. Note it is UKVI since 2013 and not UKBA.

. > Tier 1 Entrepreneur Nov 2013- Nov 2016--> my wife came to UK in 2015
---> tier 2 general sponsorship Oct 2016- Oct 2021-- my wife got visa till Oct 2021

You could have applied for ILR based on 5 years residence combining tier 1 and tier 2 in november and then yes, she would have qualified in 2020 on her current visa. But too late now.

[Nav1231]

thanks for your Quick reply CR001

much appreciate it