ILR eligibility for PBS dependent

[sneha87]

Hi all,

I'm hoping for some help. I got my ILR in November 2018 via the 5 year Tier 2 route, and my husband is still on a PBS Dependent visa which expires in October 2019. He has been a PBS dependent since Feb 2016, before which he was also on Tier 2. My question is - is he now eligible for ILR? We thought he would have to renew as a PBS dependent until he has finished 5 years before which he will be eligible for ILR, but took the settlement eligibility check on the website which only says:

Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

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
When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds
If you’re 18 to 64 years old when you apply, you must also:

pass the Life in the UK Test
meet the English language requirements


He meets all of this criteria, and we have been living together since February 2014, so that's not a problem either. So can he apply for ILR now?


Hope that makes sense, any help is appreciated.

[CR001]

He needs 5 years as a PBS Dependent. He cannot combine Tier 2 main visa holder with Tier 2 dependent time to make up 5 years.

[sneha87]

Thanks for the quick response!

Just have one follow-up question. He doesn't meet the £630 financial requirement for a 90 day period for a PBS dependent, but I do - can he use my bank statements as proof even though it's just him applying on his own for the extension?

[CR001]

There is no requirement that the maintenance funds must be in the applicants name.

It can be in either spouse bank account.