ILR Application - Spouse Less than 5 years

[sdseely]

Hi all,

I hope that someone might be able to help me with this unusual situation.

I am currently applying for ILR after 5 years residency. I entered the UK on my first Tier 2 visa on 1 October 2017 and my current Tier 2 visa (and BRP) expires 14 October 2022.

My spouse has always been included as a dependent on my visa, and so his current dependent visa also expires 14 October 2022. However, due to family caring responsibilities, he did not enter the UK until 26 January 2018 (his initial entry clearance is 8 January 2018).

I am trying to figure out whether to include him as a dependent on my ILR application (although this will be 2 months earlier than his 4 years and 11 months) or whether we need to apply for a spousal visa extension to cover the 2 month gap between my 5-year eligibility and his.

It seems rather ridiculous to apply for an extra 2-year visa for him just to cover 2 months (seeing as he would be eligible to apply 28 days before the entry clearance on 8 Jan)--especially as the guidance says that it can take up to 8 weeks to process the application. Also, seeing as the ILR can take up to 6 months and our current immigration status would be protected by Section 3C in the meantime, he would become unquestionably eligible within that timeframe.

On the Home Office website (https://www.gov.uk/indefinite-leave-to-remain-family), it states that submitting an ILR application in advance of the 4 year 11 month period *may* cause the application to be refused, so I am unsure what to do. Obviously, I don't want to jeopardize our applications, but I also don't want to triple the amount of visa applications (2 ILRs and an extension) if I can have my spouse processed as a dependent on my ILR.

Any advice would be tremendously appreciated!

[manci]

If your spouse is risk averse he can spend £719 on a PBS dependant extension application which should be submitted before his current visa expires. This can be done even if you are applying for ILR and he will get a mandatory 3 year extension.

Otherwise he can apply for ILR before his current visa expires and make the biometric appointment as late as possible (max 45 days delay after application submission). His application will only be considered after the biometric appointment and if at the time the caseworker considers it he meets the eligibility requirement there will be no problem.

[zimba]

There is no need for another extension at all

indefinite-leave-to-remain/dependent-el ... l#p2072912