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Tier 2 Partner Visa

Posted: Tue Nov 20, 2018 4:49 pm
by Nicky9
It's been 4 years that my sister is in London on dependent visa(Tier 2 Partner).
She is been working since then in London.
Things are not going that great in her married life and they might get separated.
If she gets a sponsored visa for next 1 year.
Would she be eligible for ILR after an year?
Also how does the process of ILR goes after completing 5 years on Tier 2 dependent visa.... Does it depends on her husband's discretion to get her apply for ILR or can she do it on her own.
Please help! Thanks

Re: Tier 2 Partner Visa

Posted: Tue Nov 20, 2018 5:12 pm
by CR001
If she gets a sponsored visa for next 1 year.
Would she be eligible for ILR after an year?

No she won't be eligible. She needs EITHER 5 years as PBS Dependent OR 5 years as Tier 2 General. She cannot combine dependent and main visa holder time to make up 5 years for ILR.
Also how does the process of ILR goes after completing 5 years on Tier 2 dependent visa.... Does it depends on her husband's discretion to get her apply for ILR or can she do it on her own.
She can only apply for ILR as a PBS Dependent if she meets all the requirements and applies at the same time as her spouse OR she can apply once her spouse has ILR but she must be in a subsisting relationship. She cannot apply for ILR independently of the main PBS holder or without their support etc.