ILR: long residence or tier 2?

[mrbojangles]

My partner is about to extend his tier 2 visa. By next year he will have been here for ten years (student, PSW, tier 2) and will qualify for ILR via the long-residence route. The year after he will qualify by virtue of five years in tier 2. Are there any advantages in waiting and applying under tier 2?

[CR001]

Less documents required for long residence ILR, but there can be no gaps and he must meet the more restrictive absence limits for the whole period. However, if you are a PBS dependent, you will have to switch to FLR(M) once partner gets ILR. This will reset your clock to zero and a new 5 year residence period (2 x 2.5 year visa).

Tier 2 partner needs to meet the minimum salary requirement. If you are a dependent and depending on when you came to the UK, you might qualify for ILR at the same time.

[mrbojangles]

Many thanks char. I should have made clear that I'm not subject to immigration control, so it's only him. He has a spotless record, so it looks like the long-residence route is better, not least because he qualifies for that first, and who knows where the immigration rules will be by 2019.

[CR001]

If he has had valid leave throughout, not been in breach of any visa conditions and meets all the other requirements, including absence limit, long residence is good. Far less paperwork.

He can apply in person or by post no sooner than 28 days before the 10 year anniversary of the date he first entered the UK.