Obtained PR (10 year route - LT) from Tier 2 (General)

[Mayoor]

I have just obtained PR based on 10 year residency in the UK. I had Tier 2 (General) valid until August 2018, but applied for ILR (LT) in a premium service as I have completed my 10 years.

Now, my wife still in Tier 2 (General) dependent visa which is valid until Aug 2018. She has the following options;

(1) She could apply ILR (LT) as she came to UK in 2006. But I'm bit worried as I think she has a gap of approx. 30 days in-between 2010 - 2011.

(2) Apply for a spouse visa (dependent on my PR) and wait for next 5 years to get he PR. OR apply 10 year ILR (LT) which ever is earliest.

I have the following two questions.

(1) Can she live in the UK under her current visa "Tier 2 (Dependent) until it expire in Aug 2018. Please note that I'm no longer in Tier 2 (General).

(2) If she has to change category to Spouse visa, then when should she apply for it from the date I changed my category. AND Can she apply from in country?

[CR001]

(1) She could apply ILR (LT) as she came to UK in 2006. But I'm bit worried as I think she has a gap of approx. 30 days in-between 2010 - 2011.

What do you mean by gap? You need to give more detail on immigration history if you expect anyone to offer advice

(2) Apply for a spouse visa (dependent on my PR) and wait for next 5 years to get he PR. OR apply 10 year ILR (LT) which ever is earliest.

You could do that yes.

(1) Can she live in the UK under her current visa "Tier 2 (Dependent) until it expire in Aug 2018. Please note that I'm no longer in Tier 2 (General).

Probably, travelling out of the UK is risky though. She also cannot get ILR based on PBS Dependent visa.

(2) If she has to change category to Spouse visa, then when should she apply for it from the date I changed my category. AND Can she apply from in country?

She can switch in country to FLR(M) and can apply any time after you get ILR.

[Mayoor]

Visa History for my Wife

01. 04/09/2006 - 30/09/2007 - Student Visa - applied from Sri Lanka
02. 21/09/2007 - 30/11/2008 - Student Visa - applied from UK
03. 03/02/2009 - 30/11/2009 - Student Visa - applied from UK
*see below for more details between these two visa
04. 10.01.2012 - 27/11/2013 - Student Visa (tier 4) - applied from UK
05. 01/01/2014 - 22/07/2015 - Tier 2 (General) dependent (PBS) - applied from UK
06. 31/07/2015 - 05/08/2018 - Tier 2 (General) dependent (PBS)- applied from UK

* details of refusal and re appeal dates between visa no 3 & 4
Visa applied 13.11.2009
Refused (due to college is not in the UKBA list) 31.12.2010
Re appealed 21.01.2011
Appeal decision (refused) – but Judge requested UKBA to consider a new application with a valid CAS letter. 13.04.2011
New visa with valid CAS letter applied & acknowledge letter received on (applied from in country) 20.06.2011
Visa letter received 10.01.2012


Visa History for Myself

01. 01.01.2007 - 30.06.2010 - Student visa - applied from Sri Lanka
02. 07.07.2010 - 07.07.2012 - Post Study Work visa – Tier 1 - applied from UK
03. 10.08.2012 - 22.07.2015 - Tier 2 (General) – applied from UK
04. 31.07.2015 - 05.08.2018 - Tier 2 (General) – applied from UK
05. 18.07.2017 - 31.12.2024 - Settlement based on 10 years long residence - applied from UK in one day service.

Hopefully, I will become a British Citizen by 18.07.2018


Could you please kindly advise me the quickest option for my wife to obtain her settlement. Although she lives here for more than 10 years, I believe there is a gap between 13.04.2011 - 10.01.2012 which breaks her continuous stay for 10 years. I may be wrong in this case.

Her current visa as PBS dependent valid until 05.08.2018 and please guide me towards the right direction.

Many thanks in advance.

[Mayoor]

Could someone kindly respond to my query above. Many thanks again.