5 years long residency to ILR

[udntknwme]

Hi. My wife came to the UK in July 2009. She applied for ILR in 2011 but was given DLR due to problem with her English.

I would like to know can she apply for ILR once her 5 Years kick in or does she have to renew her DLR for another 3 years and after that can she apply for ILR.

Thank you.

[Amber]

If your spouse was granted spouse leave and had such leave for 2 years in the UK she can apply for SET(M) now so far as she meets B1 English and LIUK. If she can't meet the KoLL requirement she may extend on FLR(O).

[udntknwme]

After her two years of spouse visa. We did apply for ILR but
Got DLR. So she can apply for ILR after living 5
years in UK.

Also im not in employment. I am on Esa would that affect
the application.

Thanks.

[Amber]

No, she can apply for SET(M) any time so long as she meets KoLL as she has already satisfied the required 2 years under Part 8. Being on ESA will not affect the application so long as you can adequately maintain yourselves. The only thing is, your spouse would have to cease means tested benefits paid for her, depending on which Country she's native to apply for SET(O). DLR is a 6 year route to settlement.