ILR for partner

bjbatra · Post by **bjbatra** » Mon Apr 02, 2012 5:59 pm

I am a little unclear about the 2 year requirement for a wife/partner of a PBS Tier 2 when applying for ILR.

319E(c) requires that the partner must have or have last been granted leave as the Partner of the PBS migrant.
AND
319E(d) requires that the partner and PBS migrant must have been living together in the UK in marriage for a period of at least 2 years.

Is there any other rule that specifies that the 2 years must be on the the dependent visa? Would it be acceptable for the first 1 year to be on a separate PBS visa and the last year to be as a PBS dependent?

Could someone please clarify.
thanks

Post by **vinny** » Tue Apr 03, 2012 12:50 am

Acceptable, as long as you were living together in the UK for at least 2 years.

bjbatra · Post by **bjbatra** » Tue Apr 03, 2012 4:11 pm

Thanks Vinny.
Unfortunately when I called the UKBA this morning, I was told the opposite - and the partner needed to be on the dependant visa for 2 years. When I asked for the rule where it said so, they asked me to email the Law and Policy team at UKBA.

I will try it... but would be helpful to know if others have had a similar experience.

Post by **Greenie** » Tue Apr 03, 2012 4:13 pm

is your wife applying at the same time as you?

bjbatra · Post by **bjbatra** » Tue Apr 03, 2012 4:16 pm

Yes. That's what we would like.

Post by **Greenie** » Tue Apr 03, 2012 4:19 pm

the rules are clear - there is no requirement to have been here on a dependent visa for 2 years, just that the last grant of leave was as a PBS dependent and that you have lived together as husband and wife in the UK for two years.

The people on the phone on the enquiry line are not caseworkers and frequently give out incorrect information.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

319E. Requirements for indefinite leave to remain

c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

bjbatra · Post by **bjbatra** » Tue Apr 03, 2012 5:12 pm

Thanks Greenie.

I have now written to the Law and Policy department via the public enquiries email (as suggested by the phone advisors). In case I get a reply, I will paste it here.

Post by **Greenie** » Tue Apr 03, 2012 5:18 pm

Personally i don't see the point in writing to the law and policy advisors when the law is clear.

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ILR for partner

ILR for partner