Can I apply ILR for my Wife

[Vpsrao.m]

Hello Friends,
Wish You A happy New Year.

Please could you clarify whether can I apply ILR/Settlement using Set-o Application for my wife along with my application,
Please advice based on my wife's First time entry and exit dates to UK-.
And can i ignore the second visit dates as she already completed 2years stay with me in uk.

1.First time :
Visa stamped 29-January-2010.
Entred to uk:- 13-Feb-2010.
Left out of Uk:-04-Deember-2011.
Visa expired:28-Jan-2012.
Reason for leaving is her maternity

2.Second visit(new visa applied out side of the uk):- "Returned with my child"
Visa stamped 30August2012.
Entred UK:-15 Sept 2012, Staying with me since then

please advice.
Regards,
VpsRao

[Wanderer]

What was the term of the second visa?

[Vpsrao.m]

thanks a lot for your quick reply.
I assume you are asking the validity and type of the second visa , if so type is PBS dependant on my tier2ict and it expires Jan 2016.
Apologise if I not answered to the point.
please revert if I am not clear with the answer. Thanks in advance

[Obie]

When was the application for the dependent visa made?

In principle, it appears she was issued under the rules in place after 9th July 2012.

Therefore you will not qualify.

[Vpsrao.m]

Yes, my wife's second time visit was after July2012,please find the dates;
- Stamped outside UK on - Aug2012
- Entred in UK on - 15September 2012
- Extension on -27Jan2014 - valid till Jan2016

But what about for the first time visit/my wifes 2years stay?
- which was before 2012July, my wife lived with me 2years in UK including absence.
However it was expired on 2012Jan. Is this expiry matters ? and hence my wife first leave is no more valid ?

if so why.. can u pls help with reference of UKVI.

Please help it is really urgent. Though I am ready and waiting on this.

Please..
Thanks.

[vinny]

319E requires continuous leave.

[Obie]

319E requires continuous leave.

Some important point of law or principle is developing here vinny.

What is continuous leave, and what amounts to a break in that leave?

For example a Long residence applicant who left before their leave expires and returns with new leave is not considered to have broken his or her continuous residence.

I know that there is a difference between continuous leave and continuous residence, but could an argument not be constructed that both should be given similar meaning.

I must stress that i agree with your advise, and that is the standard advise that we have been giving forum users.

But some people may be able to fight this. I can't say it is bound to succeed, but it is at least arguable.

[vinny]

Indeed. It's unclear because it's not properly defined for dependants in this context.

[Vpsrao.m]

Thanks Vinny and Obie for the reference.

[Vpsrao.m]

Thanks Vinny and Obie for the reference.