ILTR or extend spousal visa???

[jlcwonderboy]

Hello

My wife is an Australian citizen and has been living in the UK since January 2013 initially on a Youth Mobility Visa (Tier 5). Timeline as follows:

Jan 2013 - Arrive in UK on Youth Mobility Visa (Tier 5)
Sept 2013 - We meet and commence relationship
Jan 2015 - Tier 2 visa approved (sponsored by employer in UK)
Mar 2015 - Begin co-habitation
June 2017 - We got married
Jan 2018 - Our son is born
Feb 2018 - 2.5 year portion (of 5 year spousal visa route) approved
Aug 2019 - Our daughter is born

The initial 2.5 year portion of the spousal visa expires in September, so we will likely need to renew this, however I wondered whether there was any possibility of my wife applying for ILTR at this stage given that she has been living in the UK far in excess of the required 5 year period. Or does each new visa 'reset' the clock on this and the extension of the spousal visa is really our only option?

Thanks
Jack

[CR001]

The initial 2.5 year portion of the spousal visa expires in September, so we will likely need to renew this, however I wondered whether there was any possibility of my wife applying for ILTR at this stage given that she has been living in the UK far in excess of the required 5 year period.

No there is not. She cannot combine different visa categories to make up 5 years. She needs 5 years as a spouse visa holder before she will qualify for indefinite leave to remain. It is not only about residence, she must have held the relevant visa categories for the 5 years too.

Or does each new visa 'reset' the clock on this and the extension of the spousal visa is really our only option?

Her indefinite leave to remain 5 year clock was reset to zero when she switched from tier 2 to spouse visa in 2018. Had she remained on tier 2, she would have qualified for ILR in December last year.

[jlcwonderboy]

Very clear - thank you!!