ILR for GTV dependant with time as student dependent

[Mo10]

Dear respected moderators,

Many thanks for your generous help, much appreciated.

I am confused regarding combining the dependent partner time on GTV and time on Tier4 Student Visa because the Continuous residence guidance below gives specific routes not including Tier4 Student Visa. I would highly appreciate your advice.

A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes: Global Talent, Tier 1 (Exceptional Talent), Innovator, T2 Minister of Religion, T2 Sportsperson and International Sportsperson, Skilled Worker, Tier 1 Migrant other than as a Tier 1 (Graduate Entrepreneur), Tier 2 (General) Migrant, T5 International Agreement Worker (Private Servants in a Diplomatic Household)
https://www.gov.uk/government/publicati ... -residence

[Mo10]

Dear moderators,

I'd be grateful if you please answer my query above. My dependent partner spent more than 5 years of continuous residence on a combination of dependent partner on GTV and dependent partner on T4 Student Visa. She is now dependent partner on GTV and I already got my ILR on GTV. I am not sure if she can apply for ILR by combining periods on GTV and T4SV because the Continuous residence guidance below gives specific routes not including Tier4 Student Visa. I would highly appreciate your advice.

A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes: Global Talent, Tier 1 (Exceptional Talent), Innovator, T2 Minister of Religion, T2 Sportsperson and International Sportsperson, Skilled Worker, Tier 1 Migrant other than as a Tier 1 (Graduate Entrepreneur), Tier 2 (General) Migrant, T5 International Agreement Worker (Private Servants in a Diplomatic Household)
https://www.gov.uk/government/publicati ... -residence

[Mo10]

@zimba, @CR001, @lolo2 and @secret.simon : I would be grateful if you please advise me on this. Thanks in advance.

[zimba]

viewtopic.php?f=44&t=347772&p=2166414#p2166414

[Mo10]

@zimba, many thanks for referring me to this post. Your interpretation is informative but my concern is that this can be confusing to the caseworker. I am also concerned that immigration solicitors advise against combining period of dependent partner on student visa. So, are you aware of any case got refusal for this reason?

[Mo10]

Dear Zimba, furthermore, in relation to the post you referred me to, you referred to "Dependent family members in work routes", where the following two paragraphs are stated:

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant.
Dependant partner can include time as a spouse on family routes.
Related rules
GT 30.1, INNF 37.1, MOR 33.1, ISP 35.1, SCU 35.1, SW 42.1.
5-year residence requirement: partners
Those who are required to complete a qualifying period must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period.

As seen, the first paragraph states "continuous period" however the second states "continuous residence". I am wondering if the "residence" has a meaning different from "period"? As you see only the second paragraph refers to "continuous residence guidance". Do you have an interpretation of this? For example, does the basis on which continuous residence is counted differ from the basis for continuous period? - Can it be said the continuous residence requires 5 years as dependent partner on specific visa/s (i.e., dependent on work visas only) while in the continuous period, dependent partner visa types do not matter? - Does this make any sense or please correct me?

https://assets.publishing.service.gov.u ... routes.pdf

[zimba]

@zimba, many thanks for referring me to this post. Your interpretation is informative but my concern is that this can be confusing to the caseworker. I am also concerned that immigration solicitors advise against combining period of dependent partner on student visa. So, are you aware of any case got refusal for this reason?

I do not know any case of refusal as it has always possible to count time under ALL dependant routes

[zimba]

Dear Zimba, furthermore, in relation to the post you referred me to, you referred to "Dependent family members in work routes", where the following two paragraphs are stated:

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant.
Dependant partner can include time as a spouse on family routes.
Related rules
GT 30.1, INNF 37.1, MOR 33.1, ISP 35.1, SCU 35.1, SW 42.1.
5-year residence requirement: partners
Those who are required to complete a qualifying period must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period.

As seen, the first paragraph states "continuous period" however the second states "continuous residence". I am wondering if the "residence" has a meaning different from "period"? As you see only the second paragraph refers to "continuous residence guidance". Do you have an interpretation of this? For example, does the basis on which continuous residence is counted differ from the basis for continuous period? - Can it be said the continuous residence requires 5 years as dependent partner on specific visa/s (i.e., dependent on work visas only) while in the continuous period, dependent partner visa types do not matter? - Does this make any sense or please correct me?

https://assets.publishing.service.gov.u ... routes.pdf

The first one refers to the routes or permissions that can make up the 5 years. The second one explains how to evaluate the continuous lawful residence. So they are in effect paragraphs GT 30.1 and GT 31.1 which I covered before !

[Mo10]

Thank you Zimba. So for the application, if the lead applicant has ILR on GTV, can you please confirm the following regarding ILR application for dependent partner on GTV and dependent child on GTV please:

1- Should dependents use the SET (O) application?

2- If so, in SET (O) application, should the lead applicant section be kept blank (i.e do not fill any information in it) and only fill in the "Dependent section" with dependent partner and dependent child information?

3- When asked about the lead applicant information, should dependents give the lead applicant GTV information or ILR information?

4- Finally, if dependents have current visas that are valid for several months to come, if the ILR is refused for whatever reason, can this affect their current valid visa? or simply they can remain using and staying on their existing valid and not expired visas?

And is there any advice from you about something to consider while filling in the application, I mean, any mistake that I should avoid while filling in the application?

[zimba]

"Tier 1 or Global Talent dependants" is the route that must be chosen when filling out the form SET(O). When asked about the person you are relying on, the details of their ILR can be entered. An ILR application refusal will have NO effect on their current visa validity.

[Mo10]

@Zimba, many thanks for your advice. In the section "The person you are joining or accompanying", I am not sure about the answer to the following two questions:

Which visa is [the name of lead applicant] applying for or been granted?

Enter their biometric residence permit (BRP) number

As indicated in the above posts, the lead applicant already holds ILR on GTV, therefore:

In the first question, should I answer by saying "ILR" or "GTV"; or can I say "ILR on GTV"?

In the second question, should I answer by saying the lead applicant's "ILR BRP number" or "GTV BRP number"; or can I say "both ILR and GTV numbers"?

[zimba]

The answer to those questions has no effect on your application. Your ILR is based on the fact that your partner used to hold GTV or settled under GTV. Enter the details of the ILR. I repeat AGAIN, these answers will not have ANY effect