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Tier 2 dependent Visa to ILR

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MM0099
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Tier 2 dependent Visa to ILR

Post by MM0099 » Tue Jan 05, 2021 11:12 am

Hi all,
I hope you are well.
My wife is on tier 2 dependent visa and we are planning to apply for ILR after completion of 5 years.
I wanted to know if there is a rule about staying out of UK for more than a certain number of days in one go ?
I am aware that there is a limit of 180 days in any 12 months but I wanted to check if there any limit on how many consecutive days one can stay out of the UK (I heard a friend say its 90 consecutive days?)
Any advise will be greatly appreciated .
Many thanks.

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CULLINAN
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Re: Tier 2 dependent Visa to ILR

Post by CULLINAN » Tue Jan 05, 2021 11:37 am

She only has absence limits on any visa that was granted after 11th Jan 2018. Not more than 180 days in one go AND/OR not more than 180 days on rolling basis.

There is no 90 days rule. Maybe you are confusing residence requirements for Naturalisation with immigration rules.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

MM0099
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Posts: 33
Joined: Mon Jan 08, 2018 5:19 pm
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Re: Tier 2 dependent Visa to ILR

Post by MM0099 » Tue Jan 05, 2021 3:16 pm

Tanks a lot for your reply!

"Maybe you are confusing residence requirements for Naturalization with immigration rules."
So am i correct in understanding that once she has the ILR on 5 year tier 2 dependent, the one year she has to spend on ILR and then then apply for nationalization is when this 90 consecutive days rule has to be kept in mind ?
Please do share your thoughts.

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CULLINAN
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Re: Tier 2 dependent Visa to ILR

Post by CULLINAN » Tue Jan 05, 2021 3:23 pm

One has to wait 1 year on ILR if one is not married with a British Citizen.
In that case, one should not have more than 90 days of absence in the last 1 year and not more than 450 days in the last 5 years from date of AN application.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

MM0099
Newbie
Posts: 33
Joined: Mon Jan 08, 2018 5:19 pm
Mood:
Pakistan

Re: Tier 2 dependent Visa to ILR

Post by MM0099 » Tue Jan 05, 2021 6:24 pm

Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

MM0099
Newbie
Posts: 33
Joined: Mon Jan 08, 2018 5:19 pm
Mood:
Pakistan

Re: Tier 2 dependent Visa to ILR

Post by MM0099 » Tue Jan 05, 2021 6:24 pm

Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

MM0099
Newbie
Posts: 33
Joined: Mon Jan 08, 2018 5:19 pm
Mood:
Pakistan

Re: Tier 2 dependent Visa to ILR

Post by MM0099 » Tue Jan 05, 2021 6:24 pm

Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

MM0099
Newbie
Posts: 33
Joined: Mon Jan 08, 2018 5:19 pm
Mood:
Pakistan

Re: Tier 2 dependent Visa to ILR

Post by MM0099 » Tue Jan 05, 2021 6:24 pm

Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

MM0099
Newbie
Posts: 33
Joined: Mon Jan 08, 2018 5:19 pm
Mood:
Pakistan

Re: Tier 2 dependent Visa to ILR

Post by MM0099 » Tue Jan 05, 2021 6:24 pm

Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Tier 2 dependent Visa to ILR

Post by CULLINAN » Tue Jan 05, 2021 6:36 pm

If you are a British Citizen, she does not have to wait 1 year. She can apply for BC straight away after her ILR. She will have to meet 3 years residence in that case. No more than: 90 days in last 1 year, 270 days in last 3 years including all other Section 6(2) BNA 1981 requirements.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

MM0099
Newbie
Posts: 33
Joined: Mon Jan 08, 2018 5:19 pm
Mood:
Pakistan

Re: Tier 2 dependent Visa to ILR

Post by MM0099 » Thu Jan 07, 2021 9:43 am

Okay sounds good ! thanks a lot , really appreciate it :)

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