Tier 1 (General) dependent visa 2 years or 5 years!!

Hello everyone,
I apologize if I have raised the repeated question in this forum as I have opened it after long time, I can not find answer i am looking for. Please direct me to link if there is already answer for my question.

My wife applied for dependent visa from India on 5th July 2012 and received it on 22nd July 2012. During this period rule was changed about dependents stating "dependents need to stay in country for 5 years instead of 2."
I do have receipt for application with application date. However, She stayed back in country for 6 months and came to UK in January 2013 for first time.
Our visa is expiring on 16th April 2015. I am planning to apply for my ILR on 20th March, question is can I apply for my wife's ILR at the same time as mine? Or Shall I apply for FLR and then wait for remaining years to complete her 5 years!

Thank you

Provided that you are not applying for ILR under Long Residence, I think that she may apply for ILR with you, under/subject to 319E.

Statement of changes to the Immigration Rules: HC194, June 2012 wrote:However, if an application for entry clearance, leave to remain or indefinite leave to remain has been made before 9 July 2012 and the application has not been decided, it will be decided in accordance with the rules in force on 8 July 2012.

vinny wrote:I think that she may apply for ILR with you, under/subject to 319E.

Statement of changes to the Immigration Rules: HC194, June 2012 wrote:However, if an application for entry clearance, leave to remain or indefinite leave to remain has been made before 9 July 2012 and the application has not been decided, it will be decided in accordance with the rules in force on 8 July 2012.

Dear Vinny can you please help and guide me as well I will be really grateful.

I obtained tier 1 with my wife and traveled to UK on April 2010. We stayed IN UK up to Feb 2011 and moved overseas. I came back on June 2012 while our visa was up to Nov 2012 while my wife stayed back in homeland and due to expecting a child she was not able to renew her dependent visa. She renewed in Nov 2014 and traveled to UK on Dec 2014. Can you guide us if we are under 2 years rule or 5 years rule and as I am planning to apply Tier 1 in June 2017. Will my wife be able to get her ILR at the same time. Please advise me thanks

Unfortunately, it's unclear if continuous leave is broken when applying for an entry clearance.

vinny wrote:Unfortunately, it's unclear if continuous leave is broken when applying for an entry clearance.

It is unfortunately v unclear and that's why I am confused.

Many Many thanks for your quick reply Vinny.

Hello there. My ILR is due in November 2015 but my wife and son came to the UK in May 2013. By the time I will apply for my ILR, they will be in the UK for two and a half years. My query is: Would I be able to apply for my dependents (wife and child) ILR along with mine or I need to apply for their extension at that time.

Please advise.

Thanks

If they initially applied for PBS dependant visas on or after 9th July 2012, then they should extend.

Thanks for your reply. My dependents were initially given the visa on 14 sep 2011 but they first entered UK on 14 July 2012. In this case, should I apply for their ILR along with mine or go for another extension in November 2015?

Please advise.

thanks and regards

Dear all,

Need your assistance. My dependents were initially given the visa on 14 Sep 2011 but they first entered UK on 14 July 2012. In this case, should I apply for their ILR along with mine in Nov 2015 or go for another extension?

Please advise.

thanks and regards

ILR.

Thanks Vinny for your advise.

Actually, my dependents (wife and son) initially came on July 14, 2011 but went back after a year because of my mother in law's ill health and because of this, they had to stay there and their visa got expired on 15 Nov 2012 and they renewed the visa from Pakistan and then came back in May 2013. Please advise in this scenario, are they eligible for ILR?

Hi

Am not sure whether anyone got any confirmation on following unclear rule for ILR dependent rule, would appreciate there comments on my scenario :

I am on tier 1 (genral) visa and will be applying for my ILR in June 2015. My wife got the entry clearance [b](June 2010)[/b]at the same time when I entered the UK and was in UK since then with me.
However she was in india (more than 6 month) during her pregenancy and she might need to be in india for next 3-4 as her parents are ill. in this secnario I have got following question :

1. Does these two year needs to be the latest two year from the date of ILR application ? Example, if the ILR application date is : June 2015 then the 2 year in consideration would be : JUNE 2013 to JUNE 2015 ?
2. Does these two year should be for continuous period of time ? or the two years can be split over from last five year ? Example, if the entry clearance VISA was issued in Oct 2010 then you any two can be considered between OCT 2010 to JUNE 2015



E[color=#FF0000]ligibility for partners
You must have been given a partner visa and been living with your partner in the UK for at least:

2 years if you applied for that visa before 9 July 2012
5 years if you applied for that visa on or after 9 July 2012
When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds
If you’re 18 to 64 years old when you apply, you must also pass:

the Life in the UK Test
an English language test[/color]