Tier 1 Dependent out of country for more than 180 days.

Dear Gurus,

Please help guidance on my case. My wife has come to UK on Tier 1 Dependent visa 3 years ago, however she had to go back to India due to family reasons and now she is coming back after 8 months gap. Her visa is due to expire in 2015 December. I am planning to get her extension done before April 2015 as the extensions are getting closed.

My question as she is away for 8 months, will her previous stay considered for ILR? Is it better to get the extension from UK or India?

The closure of extensions is only for main applicants and not dependents.

The 180 day rule is only for the main applicant and not the dependent.

Remember, she has to extend her visa from the UK, so as not to break her continuity to be able to apply for ILR.

Applying from India is Entry clearance and will reset her ILR clock.

O_Relly wrote:The closure of extensions is only for main applicants and not dependents.

The 180 day rule is only for the main applicant and not the dependent.

Remember, she has to extend her visa from the UK, so as not to break her continuity to be able to apply for ILR.

Applying from India is Entry clearance and will reset her ILR clock.

Hi O_Relly,
I spoke to one solicitor and also one of my friend's wife extended her stay from India and she successfully secure ILR. But i haven't found any guidance for this. But the person should extend her stay before her current visa expires, So it will be considered as continuous visa. But its based on caseworker as well. Some case workers might not allow this.

Regards,
Suresh

haiksuresh wrote:

O_Relly wrote:The closure of extensions is only for main applicants and not dependents.

The 180 day rule is only for the main applicant and not the dependent.

Remember, she has to extend her visa from the UK, so as not to break her continuity to be able to apply for ILR.

Applying from India is Entry clearance and will reset her ILR clock.

Hi O_Relly,
I spoke to one solicitor and also one of my friend's wife extended her stay from India and she successfully secure ILR. But i haven't found any guidance for this. But the person should extend her stay before her current visa expires, So it will be considered as continuous visa. But its based on caseworker as well. Some case workers might not allow this.

Regards,
Suresh

That does appear to be correct Suresh. Going by this, certainly does seem the ILR continuity will be maintained if applied within 28 days of expiry or prior to expiry.