Tier 1 General extension Confusion for depenent

Hi,

I am slightly confused and would need somebody's help please.

I am on Tier 1 General Visa stamped in February 2011. At the time I was already in UK on PSW(Post Study Work). I have spent about 50 days (in two tours) outside UK since then. My wife applied for dependent visa from Pakistan and got her visa stamped in March 2011 but she travelled to UK in the first week of May 2011 and has since then spent about 80 days outside UK(in two tours). I am due for my ILR in February 2016 (hopefully).

My question is that would I need to get my wife's extention in order to complete her 5 years in UK or she can apply with me in the same application(SET(O)). If she needs to apply for FLR then what application form would it be?

Regards
Imran

As she was your dependant prior to 9th July 2012 and provided that her continuous leave has not been broken, then you should be able to include her in your SET(O) application.

Hi,

Thanks for the prompt reply.

I am going through the Immigration Rules - Part 6A Paragraph 245AAA - Where it says:

(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain, except that any absence from the UK for the purpose of assisting with the Ebola crisis which began in West Africa in 2014 shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that his Sponsor agreed to the absence(s);

Highlighted above. "Periods preceding the date of the application for leave to remain"
is it the first time when her visa was stamped (from Pakistan) or the last time her visa was stamped.

Secondly, Her five years would be on 7th of May 2016(day she first landed in Britain) and her visa was stamped on 16th of March. It took more then 28 days for her to arrive in uk after getting the visa. Does that mean her continuous stay is broken?

Regards
Imran

Why are you referring to immigration rules associated with a "principal PBS migrant" when determining the eligibility of a "PBS dependant"?
PBS dependants come under immigration rules 319AA-319J.

Vinny has told you above that your wife may be eligible for settlement at the same time as you.
See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

Sorry getting a bit confused. Could you direct me please where can I find the information about the PBS Dependent ILR application?

Does my dependant needs to complete 5 years as well in order to get ILR from Tier 1 General dependant visa?

In Set(O), there aren't any questions regarding dependant and there immigration history etc. so does that mean I do not need to bother about this?

Your help will be greatly appreciated as I am even more confused now.

Thanks & Regards
Imran

319E would be the appropriate ILR rules for your wife.

Thanks a lot. You are really very helpful.

Regards
Imran