Thank you for your assistance and sharing your super-knowledges for my visa for the last a few years! This time, I have questions regarding my wife's application for ILR. Her current visa expires in April 2016.
Her situation who has South Korean passport:
1) First entry into the UK was August 2005 as a student with student visa for her university
2) Her student visa got extended twice more which then she was granted Tier 1 post study work from February 2010, valid till February 2012
3) We got married in November 2011 and with that, she went back to her country to get entry clearance as Tier 1 (general) Partner of me, who had Tier 1 visa as part of old Highly Skilled Migrant Program (HSMP) - her visa was valid from February 2012 till April 2013
4) She then was granted Resident Permit (as PBS Dependant leave to remain) from Apr 2013 till Apr 2016. Just to let you know, I was granted ILR at the same time, which is April 2013 and her permit was granted based on that (we went to home office together for face-to-face interview)
Questions:
1) Will she be able to apply for the Indefinite Leave to Remain?
2) If so, does she need to apply for her ILR with:
2-1) her time in the UK for more than 10 years continuously? (long residence)
2-2) her time as a dependent?
2-2-1) If so, when is the start date - her initial entry clearance as a Tier 1 (General) Partner was from February 2012 or her residence permit which started from April 2013? The home office website states the eligibility for the ILR of those who has been a partner of those who settled, in the UK, is granted after 2 years if the dependent visa was applied before Jul 2012, or 5 years if applied after. We are not sure whether she is eligible for the ILR with the fact that she has been dependent for 2 years or more, or whether she has to prove her time in the UK is more than 10 years.
Please gurus, help us finding the best way to apply for her ILR
Many thanks in advance!
Best,
ILR11