Complicated and Confusing VISA situation for my partner (future ILR)

[supervisual]

Hi,

I'm a bit confused about my wife's future ILR situation. Here is what is going on:

2015- I get a Tier 2 work Visa(5 years) and my wife gets a dependent Visa(5 years) to come to the UK.

The same year she is accepted to a fully funded Masters Degree in the US and was away for 2 years.

2017- My wife is back in the UK

2018- I change my employer and switch to a new Tier 2 Visa (3 years).

My wife stays on the same Dependent Visa as she still has 2 years left on it.

2020 - I apply for and get my ILR in October.

2021- Wife applies to extend her dependent VISA but from our research she is to apply through the settlement partner route as I now have a 'settlement' Visa.

Today she got confirmation of the Visa(30 months) which comes with a letter stating she will have to wait 5 years to apply for ILR. Is this correct, even though she has already spent 3 years here?

If true it's really frustrating that we will have to spend thousands for another extension until she is eligible for an ILR.

Any advice or clarity on this will be greatly appreciated

[CR001]

She could have applied for ilr. There is no absence limit for tier 2 dependents with visas issued before 11 January 2018.

Applying for ilr dependent visa resets the ilr clock to zero. You cannot combine time as tier 2 dependent with FLR M spouse visa time to make up 5 years.

[supervisual]

Thanks for replying, had no idea that was the case :/ everywhere we looked said that you have to be in the country for 5 years.

[CR001]

There is no absence limit, regardless of how long, for those on visas issued before 11 Jan 2018.

indefinite-leave-to-remain/big-changes- ... 46559.html

Cohabitation evidence would also only have been needed for the last 2 years if applying for ilr as a PBS dependent

[supervisual]

Do you think there is a chance to get in touch with Home Office at this point to try and get the current partner route changed to ILR or get it cancelled and apply for ILR? Considering she has already spent 5 years here and we were unaware of the rule you mentioned.

[vinny]

It’s possible that her leave may have lapsed if she was absent for a continuous period of more than two years under 13(4), as amended.

If a holder’s leave has lapsed, then do they expect the holder to apply for another entry clearance? I don’t know.

Did she return to the UK on holidays from studying within a two year period?

Assuming that they don’t treat her leave as lapsed:

With KoLL, you could have included her in your ILR. Without KoLL, she could have extended as your PBS dependant (or Skilled worker dependant) without resetting her qualifying period for ILR.

Perhaps she may request for an reconsideration? Explain her wrong application. Then see how they respond?

[supervisual]

Hey, yea she did return a few times during her time off from university but most likely was still away for 180 days. Not sure if that means a lapse in leave.

We are sending a letter to Home Office request to vary her Visa back to the PBS route so she can continue to make up her remaining time and apply for the ILR sooner.

[vinny]

Hey, yea she did return a few times during her time off from university but most likely was still away for 180 days. Not sure if that means a lapse in leave.

That’s okay then. Leave hasn’t lapsed.

As CR001 stated, being absent for more than 180 days under leave granted prior to 11 January 2018 would not have affected her 5-year continuous leave for ILR.

[supervisual]

Hmm ok, thanks for the advice and feedback.

Now to write and post letters to the Home Office like it's the 18th century.