ILR for wife after 5 yrs

[princesh]

Hi there,

My wife came to the UK in September 2013 on a T4 student visa. She then became dependant on me (T1 Graduate Entrepreneur visa) on Jan 2015, and then dependent on me (T2 General) on Jan 2016, and then dependant on me (T1 Exceptional Talent) on Feb 2019.

I haven't applied for ILR yet but will apply in April.

Can she apply for ILR now (March 2019) before me? She has been in the UK for over than 5 years in total and meets all the other conditions (language, life in the UK test, etc.)

Thanks

[CR001]

No she cannot. She needs 5 years as pbs dependent before she can apply.

[princesh]

Hi,

My wife and I came to the UK in Sep 2013 in student visas (both). She then became dependent on me on all of the following visas:
T1 Graduate Entrepreneur: Jan 2015 - Jan 2016
T2 General: Jan 2016 - December 2018
T1 Exceptional Talent: Feb 2019 (she is currently dependent on this one)

I got my ILR this month as Exceptional Talent (3 years work), and would like to apply for her ILR. The requirements online are that she spends 5 years in the UK which she already did. I couldn't find any clause where it says that these 5 years have to be in certain visas or certain visas are not counted. It just simply says 5 years. However, I have been told on this forum that T4 student and dependant on T1 GE don't count towards the 5 years. Could you please clarify if she will be eligible for ILR nowadays or not and why? and if not, could you please point me to the clause where it says T4 and T1 GE are not counted even if she's dependant on an Exceptional Talent who already got the ILR?

Please note that in her ILR application, it asks if she dependant on an Exceptional Talent, and if so, it shows different questions, so I would highly appreciate if you could get your information up to date.

Thanks

[CR001]

Her time on Tier 4 student visa does NOT count as Tier 4 does not lead to ILR based on 5 years residence. It can only be used for ILR based on 10 years long residence.

Immigration Rules Part 8 319D(e)(i)(a)

https://www.gov.uk/guidance/immigration ... ly-members

(d) The applicant and the Relevant Points Based System Migrant or Appendix W Worker must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant,

[princesh]

Thanks for the clarification. What about her time as dependant on T1 GE visa?

[zimba]

To get ILR under 5 years rule she must have 5 years under PBS dependant route. She also cannot apply for ILR under PBS unless you are granted ILR under the PBS route first (or apply together)