Immigrationboards.com

Good morning. I have been living in the UK for the past 7 years (Tier 1 for 2 years, then Tier 4 for 1 year and Tier 1 PBS Dependent for the last 4 years), all this time living with my partner. My partner came as Tier 1, got his ILR last year and now his British Citizenship. I couldn't apply for ILR at the same time as him since the Tier 4 visa I had for one year made my count go back to 0.

I complete 5 years as PBS dependent on January so I started already checking the documentation to apply for my ILR. When reading the UK GOV page https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa I noticed it says that if you are LIVING with someone for 5 years you are eligible. It doesn't say I need to be UNDER HIS VISA for the past 5 years.

So my question is, do I have to wait until January when my PBS Dependent visa expires to apply for the ILR (as it is when I will then complete 5 years as PBS dependent) or can I already apply since we have been living together for much longer than that? I don't think it is clear if this "5 year" rule means 5 years as a partner living together or 5 years as PBS dependent on the same visa.

Reason I would prefer not to wait until January is because I have no trips on the next couple of months so it would be perfect to have the visa being processed now.

Thanks a lot.

You have to wait till January. You need 5 years in a qualifying visa category (tier 4 is not one) for the whole 5 years.

It does refer to the visa category!!

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

Thank you so much, that answers!! And the application can be made only 28 days before the visa expires correct?

No, the application can be made anytime within 28 days before reaching the required residence period, which starts counting from the date of issue of the PBS Dependent visa.

Got it! Thank you so much for the prompt reply and have a nice day!