Eligibility for ILR

[Nara1309]

My wife is on my Tier 1 dependent visa and was originally issued around Nov 2011 and she has had two extensions since then, her latest renewal was on 6th Jan 2017 and she has been in UK continuously since Oct 2016 i.e., more than 3 years now. Is she is eligible to apply for ILR directly based on current visa plus 2 years as original visa is before July 2012 as she is 3 years and I am a British Citizen. Any suggestions / advice are welcome and thanks in advance.

[aman90]

My wife is on my Tier 1 dependent visa and was originally issued around Nov 2011 and she has had two extensions since then, her latest renewal was on 6th Jan 2017 and she has been in UK continuously since Oct 2016 i.e., more than 3 years now. Is she is eligible to apply for ILR directly based on current visa plus 2 years as original visa is before July 2012 as she is 3 years and I am a British Citizen. Any suggestions / advice are welcome and thanks in advance.

What sort of suggestions or advice are you looking for?
Tier1 dependants has no absence limit for visas issued before jan 2018.
Read ILR continuous residence guidance.
Liuk, English Lang and cohab docs.

[Nara1309]

Thanks for your response, so she is eligible to apply for ILR then as she is Tier 1 dependent

[Nara1309]

Also she was away for nearly 2.5 years before she arrived in October 2016, will that be an issue while applying for ILR, thanks

[CR001]

Also she was away for nearly 2.5 years before she arrived in October 2016, will that be an issue while applying for ILR, thanks

Did she have a valid visa while she was away?

Did her visa expire while away and did she apply again from abroad before returning? It would be useful to state her full UK immigration and visa application, start and expiry dates?

When did you get ilr?

[Nara1309]

Thanks for responding.
My wife's visa dates are 13/09/11 to 22/11/13 (applied from India), 21/01/14 to 22/11/16 (applied from India), 06/01/17 to 06/01/20 (applied from UK).
Her UK Immigration dates are as below. Start date in UK and end date for single trip.
02/12/11 to 11/06/12
04/07/12 to 05/09/13
17/02/14 to 16/05/14
27/10/16 to 24/03/18
16/4/18 to 22/07/19
2/9/19 to till now
My ILR date was 29/04/2017. My citizenship was next year.
Please let me know for any additional details.

[CR001]

My wife's visa dates are 13/09/11 to 22/11/13 (applied from India), 21/01/14 to 22/11/16 (applied from India)

What date did she apply for the second visa valid from 21/1/2014? What date did she leave the UK in 2013?

On what basis did you get ilr, 5 years tier 1 or 10 years long residence?

[Nara1309]

She applied after visa expired, in January 2014 only from India.

My ILR was based on Tier 1 5 year rule

[CR001]

She applied after visa expired, in January 2014 only from India.

My ILR was based on Tier 1 5 year rule

Her ilr will be based on her visa issue date in 2014 as she applied for her visa more than 28 days after the last one expired. So her first visa is irrelevant for ilr.

She could have applied for ilr in January this year already.

She needs B1 and LIUK as well.

Non-issue with absence.

[Nara1309]

Thank you very much for the response.

I can understand Life in UK and B1 are mandatory, are there any exceptions as she is 30 weeks pregnant, any exceptions that we can understand?

[CR001]

Thank you very much for the response.

I can understand Life in UK and B1 are mandatory, are there any exceptions as she is 30 weeks pregnant, any exceptions that we can understand?

No, pregnancy is not considered a reason for an exemption.

[Nara1309]

Thank you very much for your response, is there any chance for her to apply for Naturalisation directly without ILR? We didn't know that hence didn't apply in January, now we will try and do the exams and go ahead.

[CR001]

Thank you very much for your response, is there any chance for her to apply for Naturalisation directly without ILR? We didn't know that hence didn't apply in January, now we will try and do the exams and go ahead.

No, and I already answered this in your other topic about citizenship.

ILR is mandatory before she can apply for citizenahip, there is no exemption or shortcut or money saving route to skip ILR for her. She needs B1 and LIUK for citizenship too.

[aman90]

We didn't know that hence didn't apply in January, now we will try and do the exams and go ahead.

You need to make sure that you make an in time application before ur wife’s current visa expires.
Liuk and B1 aren’t difficult but considering ur wife’s condition and with holidays coming up finding dates is gonna be quite a complex situation.
If she can’t sit for Liuk n B1 than you may need to put in an PBS extension again before her current visa expires and vary to ILR once she is successful.

[Nara1309]

Thank you very much for your response, is there any chance for her to apply for Naturalisation directly without ILR? We didn't know that hence didn't apply in January, now we will try and do the exams and go ahead.

No, and I already answered this in your other topic about citizenship.

ILR is mandatory before she can apply for citizenahip, there is no exemption or shortcut or money saving route to skip ILR for her. She needs B1 and LIUK for citizenship too.

Hi, Thanks for your advice, she has now got both B1 certificate and cleared LIUK test, is it Set O application and also there is no specific mention about her absence because the application has date from Jan 2018 only, she was away for more than two years from 2014 to 2016 but she had continuous visa and also is in UK from Oct 2016, so hopefully this should be fine, the continuous absence for PBS dependent is it not applicable, can you please help on this query, thanks

[CR001]

There is NO absence limit for pbs dependent visas issued BEFORE 11 January 2018.

It is set form she uses.

[Nara1309]

Did you mean Set O Form

[CR001]

Did you mean Set O Form

Yes

[Nara1309]

Thank you