ILR eligibility query

[srnaik]

Hi,

My wife is on a T2G sponsored visa since Oct 2014 and I am her dependant since April 2015. I was in UK on a T2G visa myself from march 2013 until April 2015. When my wife applies for ILR in October this year, will I be also eligible for ILR or do I / we have to wait until April next year.

[zimba]

You need to wait until you have 5 years under PBS dependant visa

[srnaik]

Thanks Zimba.
Do we both have to wait or can we apply separately, she in October and me 7months later?

[srnaik]

Thanks Zimba.
Do we both have to wait or can we apply separately, she in October and me 7months later?

I read somewhere in the ukva website that the ILR partner can apply if they have lived together in the UK for 5years. It did not mention under which visa category the 5 years need to be completed.

[CR001]

She can apply when she qualifies and then you can apply when you qualify.

There is no rule that you must both apply at the same time.

I read somewhere in the ukva website that the ILR partner can apply if they have lived together in the UK for 5years. It did not mention under which visa category the 5 years need to be completed.

The rules state you need to have 5 years in a qualifying visa. You cannot combine tier 2 general main visa holder time with tier 2 dependent time for ilr based on 5 years.
Simply living together in the UK for 5 years on any combination of visa is not sufficient. Since 9 July 2012, dependents require 5 years residence for ilr.

[srnaik]

Thank you.

So when I am continuing to be on PBS dependant while my wife changes to ILR, my current PBS dependant visa still holds good for all travel and residential purposes?

Cheers
San

[CR001]

Your dependent visa remains valid.