Tier 2 Dependent to ILR

[pumpkinjiang]

Hi,

My partner and I were confused about the application requirement of ILR for dependants. The key question is that would the dependent has to be on the dependant visa for 5 years or they can be in some other visa during the 5 years but just in the dependant visa in the last leave?

I am a Tier 2 General visa since September 2015 and extended several times until April 2011, which definitely fit the 5 years route rule.

My partner was initially as dependent with me between September 2015 and September 2016.

Before my first visa extended, I was in an uncertain situation but my husband's company was happy to sponsor him as Tier 2. Therefore, he switched to Tier 2 general (in case I didn't get an extension) between Sep 2016 to December 2018.

However, I got the extension in the end and continued until April 2011. So he switched his visa back to my dependant from Jan 2019 until April 2021. There is no gap between each leave to remain.

According to the website, the dependants of Tier 2 visa holder who applying ILR need to live in the UK for 5 years and the last leave to remain was as the dependant of the main applicant.

However, some website was saying that the partner has to in the dependant visa for 5 years.

Can anyone help with this situation?

Many thanks,
Pumpkin

[pumpkinjiang]

Sorry for the mistyping, our visa now is until April 2021.

[CULLINAN]

The key is you can not combine Tier 2 G and Tier 2 Dep for ILR. Every time you switch your ILR clock resets to zero. He will qualify in 2024 or LR basis (if qualifies) whichever is earlier.

[pumpkinjiang]

The key is you can not combine Tier 2 G and Tier 2 Dep for ILR. Every time you switch your ILR clock resets to zero. He will qualify in 2024 or LR basis (if qualifies) whichever is earlier.

I am not combine between Tier 2G and Tier 2 Dep.
But is that also applied to partner?

In this website, there is not mentioned the partner should be in Dep for 5 year.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Thanks for your reply

[pumpkinjiang]

The key is you can not combine Tier 2 G and Tier 2 Dep for ILR. Every time you switch your ILR clock resets to zero. He will qualify in 2024 or LR basis (if qualifies) whichever is earlier.

Thank you for your reply.

According to the website here spouse only need living with your partner in the UK for 5 years

Your partner may qualify if all of the following apply:
Eligibility for partners

they have permission to be in the UK as your partner
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
your relationship is genuine
you intend to continue living together
you have enough income to support yourselves and your dependants
you’re not using public funds

It just saying that living with you for 5 years in UK.

Is there any mis-understanding of this statement?

Thanks again

[CULLINAN]

Living 5 years with you on a PBS dependent visa in one go. If he switches, the ILR clock resets.