Time spent on T1-G to count for PBS dependent 5yr probation

[ChromaticMind]

Hi Gurus,

First, I would like to thank all the gurus out there (Amber, Vinny, etc) for being so helpful in these forums. I have used your advice in my past successful applications!

This post is for my wife who is currently a PBS dependent on my Tier 1 General Visa.

My wife has been in the UK as a Tier 1 General (independent) visa holder from Feb 2011 until Jan 2013 (1yrs 11months). From Jan 2013 until present she has been a dependent on my Tier 1 General visa. As she became a dependent after July 2012 I believe the 5 year probationary period applies here for her to be eligible for ILR.

The question to you gurus is, can her 23 months spent as an independent Tier 1 General visa holder be used to count towards the 5 year probationary period? i.e. will she be eligible for ILR in Feb 2016? I really hope it does! It'll be really unfair if it doesn't considering she has spent the required 5 years under the requirements for the ILR!

Looking forward to your response.

Best Wishes
CM

[ChromaticMind]

Hey guys,

Help on this matter will be well appreciated!

Thanks,
CM

[cfdman]

Your wife will only qualify on/after Jan 2018, I am afraid.

Check this link; Page 33; Combining leave for ILR.

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

[ChromaticMind]

Thanks for your advice and the link.

It's unfortunate that they won't include her prior time spent in the UK.