ILR dependant visa query

I am planning to apply for my ILR next year sept 2015.my wife has been to India for 2 weeks in mar '2014 (one week) and may'2014 (one week). she came to UK in march 2013. As of continuous stay in UK
for 2 years for applying ILR with me will this effect her ILR or should i apply for dependant visa again.

Any gurus please help me..

On SET(O), if you will be applying her visa as your dependent then you dont need to show her absences (they are irrelevant for that matter). You only need to show proof of cohabitation, provided she meets the criteria (2 years or 5 years rule).

Edit: If she came in 2013, she'd have to meet 5 years criteria instead of 2 for settlement.

Thanks for quick response....
So , I can apply for her visa as set(o) though she is been in UK for 3 years and 6 months but not continuous though. Is this Right.

Thanks

Your wife will not qualify for ILR until March 2018, provided you are obtaining ILR under the point based system.

iF you are not, her clock will restart again.

You can continue to renew her visa until she has acquired 5 years residence with you under the PBS.

Hello Gurus,

Regarding my wife's eligibity as ILR dependent.

I came to UK in Oct 2009 under tier 2 ICT visa and switched to Tier 2 General Visa through a new UK employer in Feb 2014. I complete 5 years in UK in Oct 2014 and all this time I have been working in UK (with annual leaves not more than 40 days in a year and total 90 days in all 5 years)

My current Tier 2 general Visa is valid till 2017. My wife entered UK in March 2014 as Tier 2 general dependent and her Visa is valid till 2017. What is the eligibility for her to apply for ILR dependent. What is the minimum UK stay period to be eligible for ILR dependent? Can she apply for ILR dependent with my ILR application. Also if she does not satisfy minimum UK stay period eligibilty can she remain in here present Tier 2 General dependent Visa even if I get ILR? Won't her Tier 2 general dependent visa get void as soon as I get ILR ? If the minimum UK stay eligibilty for her is 5 years, can she get extension for another 2 years on her current tier 2 general dependent Visa even when I have ILR.

Please suggest the best way for both of us. Thanks

As you will be getting ILR on PBS, she can continue on her Tier 2 dependent visa and apply for an extension of tier 2 dependent visa before her present visa expires. She will need to be here in uk for 5 years before applying for ILR.

Thanks Obie One query more

As she got her first Tier1 dependent visa before 9 th July 2012 - she got the visa on '11march'2011and was in UK for 1 Year and .
If her time starts again do I need to wait for 5 years or only 2yrs like 2016 she completes 5yrs on tier1 dependent visa.
If am I applying for ILR what does she apply as tier1 general dependent extension form or is there any new form for ILR dependents.

Thanks in advance....
Kiran

She got the first visa before 9th July 2012, and she left the UK?

Was it with leave?

When did she return again?

Was there a period when she was not with a continuous leave, and had to apply to get in again.

Obie,
Her 1st visa was granted on 02nd Mar '2011 - and she came to UK - 16th march '2011 - 25th june'2012.
her 2nd visa was granted on 02thMay'2013- and she came to UK - 12th May'2013- till date ( but been to INDIA for two weeks in April '2014' )

She did not have a continuous leave as a PBS dependent. She was without leave for about a year, before she reapplied in 2013.

I believe because of the lack of continuity in her leave, she will have to go under the 5 years route.

Thanks Obie ,

If she is not eligible for ILR then what form applies to her and does she have to wait till 2018 as her clock triggers from the day she gets her new visa (extended visa) or these 2yrs counts to her existing visa.

Thanks

Thanks for the reply,

What is the status of newborn child if I have ILR and my wife is on Tier 2 general dependent Visa? Do we have the option between chosing between British and Indian citizenships ? Also can we claim uk child benefits ?

shriakhilesh wrote:Thanks for the reply,

What is the status of newborn child if I have ILR and my wife is on Tier 2 general dependent Visa? Do we have the option between chosing between British and Indian citizenships ? Also can we claim uk child benefits ?

Please start a separate thread for your own questions. Its not nice to hijack other's thread and get confused between answers. But from what I can see, most of your questions have already been answered many times. You just need to use the search tool.

kiranv5 wrote:Obie,
Her 1st visa was granted on 02nd Mar '2011 - and she came to UK - 16th march '2011 - 25th june'2012.
her 2nd visa was granted on 02thMay'2013- and she came to UK - 12th May'2013- till date ( but been to INDIA for two weeks in April '2014' )

What was her status between 25th June 2012 and 01st May 2013? Was she continuing T1G dependent visa?

Thanks Subtle,

We were done with the visa for T1 general 1st extension(2 yrs) and she conceived a baby here and left to India as I made my T1G 2nd extension(3yrs) and she made her extension from INDIA. she was having no visa at that time...

kiranv5 wrote:Thanks Subtle,

We were done with the visa for T1 general 1st extension(2 yrs) and she conceived a baby here and left to India as I made my T1G 2nd extension(3yrs) and she made her extension from INDIA. she was having no visa at that time...

She must have applied for entry clearance instead of extension to T1G. You can not apply for dependant of T1G extension while outside UK with no valid visa.

I think this is where the problem is. Although she has had her first leave before 09/07/12 but since then she got another entry clearance and joined you in the UK after 09/07/12, she may have to go down the 5 years stay route. I know it feels daft but I guess the rules are being played like this anyway!

Subtle, Can you please advice me that her visa expires on oct 25 '2015. she would complete 2.5 yrs in total from her second visa extension and she have to make another T1g extension incountry for how many years ? and what form should she apply for...
As I would be applying for ILR in sept '2015.


Thanks a lot for your help...

Any gurus please help me ...

Please stop raising report needlessly, I have had to delete your report, as it seems there was nothing to report.

Your wife will qualify for ILR in February 2018, if you continue on PBS to ILR.

She will need to Use SET (O) when he leave expires, and she will probably get a 2.5 years extension that will get her to her qualifying date of February 2018.

Thanks Obie,

Thanks for your response again Obie.