Q&As

A Tier 2 (General) migrant is eligible for indefinite leave to remain (ILR) under the ten-year long residence rules. They have had leave under Tier 2 (General) for the last three years, and immediately prior to that had leave under Tier 1 (post-study work). Their partner has had leave as a Points-Based System (PBS) dependant since 2013. What considerations may apply?

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Published on LexisPSL on 21/05/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • A Tier 2 (General) migrant is eligible for indefinite leave to remain (ILR) under the ten-year long residence rules. They have had leave under Tier 2 (General) for the last three years, and immediately prior to that had leave under Tier 1 (post-study work). Their partner has had leave as a Points-Based System (PBS) dependant since 2013. What considerations may apply?

Long residence and private life resources—overview notes that the ten-year long residence route found in the Immigration Rules, Part 7 does not permit ‘dependants to apply with the main applicant, although dependants can apply in their own right if they meet the requirements of the relevant rule. For example, if a husband and wife have both been in the UK lawfully for ten years continuously, they would each need to submit their own separate applications under the long residence provisions.’ Immigration Rules, Part 7, para 276B–276C.

Where a Tier 2 (General) migrant obtains indefinite leave to remain (ILR) under the long residence rules, it may be open to their spouse to apply for leave to remain as the spouse of a settled person under Immigration Rules, Appendix FM (see Practice Note: Partners applying for limited leave to remain under Appendix FM: eligibility tables). As per Practice Note: Partners applying for indefinite leave to remain under Appendix FM: eligibility table, this category incorporates five or ten-year routes to settlement, and it is not possible to aggregate any time spent as a PBS dependant (or indeed in any other category beyond the Immigration Rules, Appendix FM partner route) towards ILR under either the five or the ten-year routes (Immigration Rules, Appendix FM, para E-ILRP.1.3(1)).

Practice Note: Tier 2 (General): applying for indefinite leave to remain notes that, amongst

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