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ILR eligibility

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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prakash88
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India

ILR eligibility

Post by prakash88 » Sun Jul 28, 2019 11:09 pm

Hi my wife has been staying in UK, holding Tier 2 General dependent visa since April 2015.

Recently by April 2019, due to unavoidable circumstances she had to move to tier 2 general main applicant.

Can she apply for ILR through 5 year route when she completes 5 years in April 2020?

There is no mentioning anywhere in UKBA websites and PDFs regarding ILR eligibility, for her case.

It says one can apply for ILR through 5 year route if the person has spent 5 years in one visa category. In my wife’s case it’s Tier 2 general.

Nowhere there is mentioning that dependent and main applicant fall under different categories.

I understand a dependent cannot apply ILR until the main applicant applied for ILR. But, my wife is the main applicant currently.

Can she apply? Can she count her dependent years for ILR Application ?

It’s not clear in any UKBA norms/docs.

Has anyone gone through this ? Please clarify.

Thanks

Sv2018
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Re: ILR eligibility

Post by Sv2018 » Sun Jul 28, 2019 11:18 pm

As per my understanding by changing to Tier 2 General main applicant, the clock has been reset for your wife for ILR. So, to be eligible for the ILR, she needs to complete 5 years on this visa category.
I will leave it to Moderators to confirm.

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Casa
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Re: ILR eligibility

Post by Casa » Sun Jul 28, 2019 11:41 pm

Sv2018 wrote:
Sun Jul 28, 2019 11:18 pm
As per my understanding by changing to Tier 2 General main applicant, the clock has been reset for your wife for ILR. So, to be eligible for the ILR, she needs to complete 5 years on this visa category.
I will leave it to Moderators to confirm.
Correct.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

prakash88
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Posts: 3
Joined: Sun Jul 28, 2019 10:53 pm
India

Re: ILR eligibility

Post by prakash88 » Mon Jul 29, 2019 7:40 am

Sv2018 wrote:
Sun Jul 28, 2019 11:18 pm
As per my understanding by changing to Tier 2 General main applicant, the clock has been reset for your wife for ILR. So, to be eligible for the ILR, she needs to complete 5 years on this visa category.
I will leave it to Moderators to confirm.
Can you please tell me where this is mentioned ? It will be really helpful.

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CR001
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Re: ILR eligibility

Post by CR001 » Mon Jul 29, 2019 8:29 am

Immigration rules part 6a for tier 2 general and immigrations rules part 8 for tier 2 general dependents.

You cannot combine the two categories to make up 5 years for ilr.
Char (CR001 not Casa)
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prakash88
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Joined: Sun Jul 28, 2019 10:53 pm
India

Re: ILR eligibility

Post by prakash88 » Mon Jul 29, 2019 4:28 pm

Thank you Very much

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