can Tier 4 and Tier 2 Dependent time be combined towards ILR?

[RowanDrive]

Hi

My wife has been living with me in the UK since 2015, first on a Tier 4 Student Dependent visa, as I was still a student. Then since February 2020 as a Tier 2 Dependent. In total she's been with me on dependent visas for 7 years. Two questions:

1- can she apply for ILR even while I am still on Tier 2? (I presume not but just to check!)
2- Does she become eligible for ILR as soon as I become eligible and so we can apply together?

thanks!

[manci]

1- can she apply for ILR even while I am still on Tier 2? (I presume not but just to check!)

No, she will only be eligible to apply when you apply under T2G / Skilled Worker rules

2- Does she become eligible for ILR as soon as I become eligible and so we can apply together?

Yes, subject to meeting the requirements

Note that sometime in 2015 both of you may also be eligible to apply for ILR under the Long Residence rules

[RowanDrive]

Thanks again manci for answering this question as well. Very kind of you.

>Note that sometime in 2015 both of you may also be eligible to apply for ILR under the Long Residence rules

yeah! (2025), but I am thinking of applying to GTV exceptional talent visa such that I become automatically eligible. If my wife remain on the T2G dependent while I switch to GTV, does what you said below still apply, i.e., she remain eligible for ILR (subject to other reqs)? I ask because of this statement herehttps://www.gov.uk/indefinite-leave-to- ... ly-members:

"they have permission to be in the UK as your partner (as a ‘dependant’ on your tier 1 visa)"

It can be understood that they must be on tier 1 dependent visa, even though previous discussions on the forum said dependents can remain legally on previous, but valid, dependent visas.

Cheers

[RowanDrive]

sorry for the many typos!

[manci]

if you switch to GTV you will be eligible for ILR after 3 years combined stay on T 2G/Skilled worker and GTV, i.e. in Feb 2023 (assuming your endorsement is not in the exceptional promise category).

Your wife will only be eligible for ILR after 5 years stay as a PBS dependant, i.e. in Feb 2025, see immigration rule GT 30.1,

Qualifying period requirement for settlement as a dependent partner on the Global Talent route
GT 30.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in GT 27.1.

[RowanDrive]

Thanks!

Your wife will only be eligible for ILR after 5 years stay as a PBS dependant, i.e. in Feb 2025, see immigration rule GT 30.1,

Qualifying period requirement for settlement as a dependent partner on the Global Talent route
GT 30.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in GT 27.1.

But my wife has already "spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P)", it is just on a combination of Tier 2 and Tier 4 Dependent visas. So the question is, do they count? and the second questionis: does she need to get a GTV Dependent at all before she applies for ILR along me?

Cheers