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ILR for Tier 2 dependant

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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akshay13t
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India

ILR for Tier 2 dependant

Post by akshay13t » Mon Jul 05, 2021 4:09 pm

Hi,
I have a query regarding Tier 2 dependent converting to ILR. My wife has a tier 2 visa (2nd extension) that expires in June 2022. She has been stuck in India since November 2020, although she did come to the UK for a brief period (14th Feb. 2021- 12 march 2021).

Prior to that, all her absences from the UK have been a couple of weeks a year. Her absence from the UK prior to NOV 2020 was in Oct 2019 for 3 weeks.

I would like to know about:
1. The 180 day rule absence. Since she is in India, what is the latest date she should come back to the UK to be able to be eligible to apply for an ILR by meeting the requirements.
2. If she is not able to meet the requirements, is there concession for her due to the current circumstances i.e. she was furloughed and loneliness affected her mental health therefore went to India to spend time with family and took therapies (have medical records as proof)
3. What options will she have if she is ineligible for ILR due to the 180 day rule i.e. any other visa category or another extension of her tier 2 dependent visa?

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zimba
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Re: ILR for Tier 2 dependant

Post by zimba » Mon Jul 05, 2021 6:26 pm

There is a concession. If not possible she extends her visa again.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

akshay13t
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Posts: 15
Joined: Sun Oct 07, 2018 1:12 pm
India

Re: ILR for Tier 2 dependant

Post by akshay13t » Tue Jul 06, 2021 7:37 am

Thanks for your help Zimba.

Is extension an option? I thought that tier 2 was only issued for a maximum of 6 years?

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CR001
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Re: ILR for Tier 2 dependant

Post by CR001 » Tue Jul 06, 2021 8:17 am

akshay13t wrote:
Tue Jul 06, 2021 7:37 am
Thanks for your help Zimba.

Is extension an option? I thought that tier 2 was only issued for a maximum of 6 years?
The 6 years max does NOT apply to pbs dependent visas
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

akshay13t
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Posts: 15
Joined: Sun Oct 07, 2018 1:12 pm
India

Re: ILR for Tier 2 dependant

Post by akshay13t » Tue Jul 06, 2021 9:35 am

Thanks for a prompt reply.

Will you be kind enough to help with the first query I.e. if there is still a possibility to apply for an ILR prior to July 2022 and if yes then when should she come back at the latest by and when could be the best month to apply to break the 180 continuous period of absence?

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