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ILR for dependant

Posted: Sat Apr 25, 2015 12:13 pm
by Rnaz
Hi

I was on HSMP from 2005 with my husband as dependant, however we had to take a long leave out of country in 2010 which exceeded 180 days. I put in reason for leave when I applied for ILR in 2011 (hoping they would grant it ) but it got refused. When I was putting in my ILR application, due to misguided advice from ukba helpline, I did not apply for my daughter ( 3 years old ) and husband at same time as they had not spent qualifying time of 2 years, and as a result they both became overstay.
I did get legal advice and my lawyer sent in letters and applications for them both before my ILR outcome. As soon as I got my ILR refusal, I applied under PBS and re applied for my husband and daughter - we all got our residence extended for 2 years in 2011. Now I applied for another extension as I will have to complete 5 years from 2011 and got biometric cards for all three of us covering till 2018.
Now my question is that I will be eligible for ILR in 2016 after completing 5 years, but what about my husband? For ILR, Will he have to complete 5 years because of accidental overstay, or can he apply after completion of 2 years residency after I get my ILR based on the fact that he was on hsmp dependant/tier1 dependant before 2012?

Many thanks for reading this long thread and I hope to get some valuable advice, thanks in advance.
(I have deliberately left out some unnecessary details to make this short)

Re: ILR for dependant

Posted: Sat Apr 25, 2015 12:18 pm
by CR001
If they applied and received their PBS dependent visa before July 2012, then they should qualify under the 2 year route for ILR.

Re: ILR for dependant

Posted: Sat Apr 25, 2015 12:38 pm
by Rnaz
Thanks for quick reply.

Just to confirm that the overstay (during which main applicant's application was under consideration anyways) wont affect this?

thanks