Immigrationboards.com

Hi,

I applied for ILR today (25/05/18) having been on Tier 2 General for 5yrs with my dependents, my partner and her son.

My dependent partner has been refused ILR under 319E(d)(ii) however I received ILR and so did her dependent son.

The immigration advisor gave the view under 319E(d)(ii) that she has to be a dependent of mine for a continuous 5yrs and that her time on her own Tier 2 General doesn't count. This was contradictory advice my partner was given when she applied to be a dependent on 19/11/14. In a way ignorant in not checking this since......

Her situation is as follows:
- She was on her own Tier 2 General visa from 06/10/12
- Switched to a dependent on my Tier 2 visa from 19/11/14
- Therefore we can prove she was a dependent from 2yrs before 19/11/14 which would be 19/11/12 i.e. more than 5yrs.

Whats grounds do we have to appeal this and get her ILR?

No. Under immigration rules in order to get ILR under PBS dependant route (if visa was granted initially after 2012 rule changes), you must have spent at least 5 years as PBS dependant in the UK and any time spent under other categories like Tier 2 General does NOT count.
She will be eligible at the end of 2019 when her 5 years is up. She needs to get another PBS dependat extension and apply for ILR in 2019