ILR (3 years on Tier 1 and 2 years on Tier 2)

[DeeDos]

Hi All,

Me and my husband came to UK in June 2009 on Tier 1 visa. I was the main applicant and my husband was the dependant. In May 2012 at the time of renewal I did not qualify for a renewal of Tier 1 due to salary deficiency and we changed into Tier 2 visa with my husband being sponsored by his employer. I joined my husband as a Tier 2 dependant.

My question is can we apply for ILR next May as we complete 5 years in UK then. However the first 3 years were on Tier 1 with me as the main applicant and the next 2 years have been on Tier 2 with my husband as the main applicant.

Has anyone been in a similar situation and does this qualify as 5 years required for an ILR?

Kindly share your views and thoughts as I as unable to find any information on this aspect elsewhere.

Thanks
Dee

[Lucapooka]

The five year ILR qualifying period must be an aggregation of work categories; leave in non-work categories (such as dependant) can't be included or aggregated into the five years. Indeed, dependants can't actually qualify for ILR without there being, or having been, a successful application by a PBS migrant.

It seems that your husband is a PBS migrant and will complete five years (and therefore be eligible for ILR) in 2017, and you may apply with him at the same time.

[DeeDos]

Thanks Lucapooka for the quick response,
My husband has been employed with the same company since 2010. From 2010 to 2012 he worked as a Tier 1 dependant and from May 2012 he has been on Tier 2 with them. Will this not help his case? Will continuous employment with the same employer for 5 years not be sufficient to get ILR?
Thanks, Dee

[Lucapooka]

No, you misunderstand. It's not just about working (as clearly dependants are permitted to work); it's about having an immigration category as a migrant worker for a continuous period of five years. Migrant worker and dependant of migrant worker are completely different categories. You lost your migrant worker status in 2012 but he gained his then. He will be eligible for ILR in 2017.

[DeeDos]

Thanks for clarifying that. Much appreciated.