My spouse and I have been living together in a relationship like marriage for the past 5 years and were married approximately 2 years ago. Currently, we each have our own visas but he is eligible for ILR next summer. My understanding, according to rule 319 E, is that so long as you can prove that myself and my husband have been living together for 5 years from the point you qualify for ILR and I currently hold a Tier 2 dependant visa then I can still qualify for ILR at the same time as my husband. Does this mean that if I switch to a become his dependent visa now, I will be able to apply for ILR? Or would I have needed to be a dependent on his visa this entire time?
I am referring to this clause in rule 319E of the immigration rules, which seems to state that I can in fact apply for ILR if I join him as a dependent now (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/familymembersoftier1migrants/) :
(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.
Thanks. Your response is very helpful but I still have one question. If what yo state above is the case, then why does (b) state : have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant.
This leads me to infer that I don't need to be his dependent for the entire 5 year period.
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