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When does my partner's qualifying period for ILR start?

Posted: Wed Dec 25, 2013 10:21 pm
by TheApplicant
Hi all!

I am a tier 2 HSMW and by late 2015, i will be eligible to apply for ILR.

My wife has been studying here since 2010 and her student visa will expire late 2014, when she will switch to a dependent visa on me. (we met here in the UK; have been living together since early 2012 and got married this past year.)

Now, my question is: when I apply for my ILR, can she apply as well? or should she wait for 5 years?

And if she should wait for 5 years: Does the 5 years period begin from the day she switches to the dependent visa on me? or did it begin from the day she entered the UK on a student visa?

Re: When does my partner's qualifying period for ILR start?

Posted: Wed Dec 25, 2013 10:34 pm
by ryans
Now, my question is: when I apply for my ILR, can she apply as well? or should she wait for 5 years?
She can apply as a PBS dependant when you apply for ILR but she will have to return to her country of origin to switch visa categories. She can apply for ILR once she completes 5 yrs under the new rules
And if she should wait for 5 years: Does the 5 years period begin from the day she switches to the dependent visa on me? or did it begin from the day she entered the UK on a student visa?
The 5 year period begins from the day your wife switches to the PBS dependant category.

Posted: Wed Dec 25, 2013 10:42 pm
by Amber
A PBS dep switch can be made in-Country.

Posted: Wed Dec 25, 2013 10:58 pm
by TheApplicant
Thanks to you both for your help!

As I said her student visa will expire late 2014. Does she have to wait until her student visa expire and then switch to dependent visa? Or can she switch anytime now?