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Apply to ILR as a partner (dependant on a work visa) when partner is already settled

Posted: Tue Jan 16, 2024 6:20 pm
by RaminRRR
Hi,

I have just got my ILR through the 5 year route on Tier 2 General visa and got my new BRP.

My wife will be eligible to apply to ILR by 11th of February (completing 5 years on Tier 2 dependent visa). Ideally, I could have waited to apply with her at the same time to avoid complications, but I needed my ILR earlier and had to apply before her.

Now that I am trying to complete her Set (O) application there are some of confusions regarding some of the questions, and I would extremely appreciate any help, please:

Which visa is "MY NAME" applying for or been granted? I have selected Tier 2 (General), but is that correct given that I have ILR now?

Do you have one of these reference numbers for "MY NAME"? should I use my Tier 2 reference number and BRP number here, or the ones relating to my recent ILR application and settlement BRP?

When did you first enter the UK? She actually got her visa on 11 March 2019, but entered the UK on 29 April 2019. She will only qualify for ILR if we use 11 March 2019 and I am wondering which of these two dates I should put down for this question as it says "This is the date you entered the UK when the period of stay you are basing this application on started."

Finally, she has gone a bit beyond the 180 days of absence due to an extended period of absence during COVID-19 (23 July 2020 to 06 December 2020) when we had to fly back to our home country as my dad had a stroke and I kept working remotely from there. We do not have tests or flight cancellation, but I was following employer's advice and permission to work remotely. Do I need any specific documents to justify that period so they disregard it for her?

Apologies for the length of my questions and many thanks in advance.

Re: Apply to ILR as a partner (dependant on a work visa) when partner is already settled

Posted: Tue Jan 16, 2024 7:05 pm
by zimba
Her ILR is based on your previous status as a skilled worker so answer accordingly. The date you entered the UK does not really matter, it can be the very first date of entry to the UK. When was her last visa issued?

Re: Apply to ILR as a partner (dependant on a work visa) when partner is already settled

Posted: Wed Jan 17, 2024 12:43 am
by RaminRRR
Thanks a lot, zimba.

Her last visa was issued on 6/12/2021.

Her current BRP expires on 20/02/2024.

Re: Apply to ILR as a partner (dependant on a work visa) when partner is already settled

Posted: Wed Jan 17, 2024 1:01 am
by zimba
Then she needs to provide reasons for her absences. It is up to UKVI to exercise discretion