Hi, I'm on an unmarried partnership visa/spouse visa, I was under Tier 4 visa for 2 years before the spouse visa, I'm wondering if I could apply for permanent residence after living here for 5 years ( 2ys Tier 4 visa + 3yrs spouse visa), or do I have to complete the 5yrs under the spouse visa? (does the 2yrs of Tier 4 visa count?) Many thanks.

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Public Answer: 

Thank you for your enquiry.

If you wish to rely on other visas you acquired that is not on the spouse visa route, you can do so based on the 10 year lawful residence for your settlement. For example:

Tier 4 – for five years

Tier 2 – for three years

spouse visa – for 2 years

You can therefore combine the above only if you have completed 10 years.

The other alternative to qualify for settlement would be on the basis that you are on a spouse visa for 5 years. In your case, you would therefore need to be on the 5 years spouse visa route to qualify for settlement. There is no option/route for a 5 years route to settlement on the basis of a mixture of different visas, only if you have completed 10 years.

I hope the above is clear, if you have any questions, please do not hesitate to call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact

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