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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am on Tier 2 and have been here on this visa last 3 years

Resolved Question:

Hi I am on Tier 2 and have been here on this visa last 3 years working in the UK. I have a British Partner who I am in relationship since last 5 yrs now (she is currently with her 1st husband) and will be divorcing him when her kids are 10.Can I apply for ILR now instead of waiting another 2 yrs?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
I'm afraid that if you have remained on your own tia 2 visa and have not switched to an unmarried partner visa then you will only qualify indefinite leave to remain once you have reached 5 years on this visa.
This is because a person can only apply for indefinite leave to remain on the basis of the visa category which they are currently in. Because the residence requirement for this is 5 years in your current visa this is what you must meet. I am sorry.
Kind regards
Tom
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