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PR Eligibility of Wife after several gaps

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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UK-Tiers
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Posts: 12
Joined: Wed Oct 10, 2012 8:03 am

PR Eligibility of Wife after several gaps

Post by UK-Tiers » Tue Nov 10, 2015 8:56 am

Hi All
My self - Tier 1 April 2009 to April 2012
Got ILR - in May 2013

My wife
She first came to UK in March 2010 as tier 1 dependant
Few gaps here and there (never more than 3 months)
went to india for uncontrollable family reasons to India in April 2013
Tier 1 dependant visa expired in April 2014 and applied for new visa as ILR dependant from India in Juy 2014 and came to UK again in August 2014 (after a gap of 17 months with a new visa) - she is here now

I read the rules back and forth but never clear whether to apply for ILR for her as 5 years have past since first time she came. If anyone wants to dwell on the long gap of 17 months - then its because of giving birth to little boy and recovery and other internal family reasons.

Please advise

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: PR Eligibility of Wife after several gaps

Post by vinny » Tue Nov 10, 2015 9:03 am

Her 5-year qualifying period for SET(M) reset and started on August 2014, when she entered the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UK-Tiers
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Posts: 12
Joined: Wed Oct 10, 2012 8:03 am

Re: PR Eligibility of Wife after several gaps

Post by UK-Tiers » Tue Nov 10, 2015 3:47 pm

Thanks for the prompt reply. Is this because of the long gap of 17 months?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: PR Eligibility of Wife after several gaps

Post by vinny » Tue Nov 10, 2015 7:26 pm

Because of her entry clearance as a spouse of a settled person under Appendix FM.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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