Tier 1 General Dependent ILR Eligibility period

[saravanan_n]

Dear Experts,

I am going to complete my 5 years period on Tier-1 General visa in April 2016 and I am going to apply for ILR.

I understand according to the dependent visa rule, my wife has to be in UK for 5 years to be eligible for ILR. Is it mandatory that she has to be in UK on Tier-1 General dependent visa only for these past 5 years or it? My wife received tier-1 General dependent visa in April 2013.

My wife was in working in UK on Tier-2 ICT visa for first 2.5 years and changed to Tier-1 General dependent for the past 2.5 years [ currently on tier-1 General dependent ]. After initial 2.5 years period on Tier-2 ICT, we went to India to change the visa type to Tier-1 General dependent and the time we were in India for this was just 1 month.

Please can you let me know - Is it mandatory that she has to be in UK on Tier-1 General dependent visa only for these past 5 years?

Thank you.

- Saravanan N

[CR001]

Is it mandatory that she has to be in UK on Tier-1 General dependent visa only for these past 5 years?

Yes. She needs 5 years on Tier 1 G Dependent to qualify for ILR.

Tier 2 ICT time cannot be counted or combined for ILR based on 5 years residence.

[saravanan_n]

Thank you so much!

Please can you let me know, where in UKBA website such condition is detailed? [ that she has to be on Tier-1 General Dependent visa only and not on combination of other visa in past 5 years].
Sorry for this additional help.

- Saravanan N

[CR001]

See Q12a FAQs (click)

[saravanan_n]

Thank you so much again.

Our kid was born in UK in 2014 and got tier-1 dependent visa. Can I apply for his ILR same time as mine, even though my wife would apply for ILR few years later? Child would be 2 year at the time of application.

[CR001]

Do you plan on applying for British Citizenship for your child?

If yes, then the child DOES NOT need ILR and can apply to register as British once you are granted ILR.

[saravanan_n]

No. I want to apply only the ILR and not British citizenship for my kid.
Can I apply for his ILR along with me? [but my wife would apply only after few years]

[CR001]

I am not sure if he can apply with you or if he will have to wait for your wife to qualify for ILR.

[saravanan_n]

Fine. Thank you so much for your inputs.

[saravanan_n]

Dear Expert,

Please can you let me know, regarding the continuous period for Tier-1 General Dependent ILR, which one of the below is true?

1. For the past 5 years, the total number of days outside UK should be less than 180.
2. In Each 12 month period in the past 5 years, the total the number of days outside UK should be less than 180. This way in the best case, the person could be outside UK for 900 days that is the person is outside UK for 180 days every year [ 180 days X 5 years ]

Thank you.

[CR001]

There is no absence limit for PBS Dependents although absences should be limited and for good reason.

[saravanan_n]

Thank you!

[vinny]

Can I apply for his ILR along with me? [but my wife would apply only after few years]

Under 319J, 319J(e) fails.

However, it may be possible for your UK born child to apply for ILR under A280(b), 304-309.

[saravanan_n]

Dear Expert,

Today I called up Homeoffice helpline - 0300 123 2241, and checked with the ILR team [Option 4 then option 1]

The lady said my wife is eligible for ILR along with me. For the 5 year period, it could be combination of initial 2 years on Tier-2 ICT and next 3 years on Tier-2 General dependent. Just that she should not be out of UK for more than 180 days.

I asked her three times and she confirmed the above every time.

Please can you share your views?

Highly appreciate your help.
Thanks.

[CR001]

The advice you have been given is wrong and highly likely that they have misunderstood your question. HO are known for providing the incorrect advice and take no responsibility for doing so.

She cannot combine her time as Tier 2 ICT main applicant and Tier 1 G Dependent to make up 5 years. She needs 5 years as Tier 1 G dependent to qualify for ILR.

Besides which, Tier 2 ICT granted after 6 April 2010 DOES NOT lead to ILR based on 5 years residence and can only be used if applying for ILR based on 10 years long residence.

If you have £1500/£1900 to lose, take a chance and apply.

[saravanan_n]

Dear Expert,

You are right. I called up Homeoffice again after 20 minutes and different person picked up the call. She told my wife could not apply and should be in Tier-1 General dependent for 5 years.

Sorry, I did not realise different homeoffice people would respond in different way.

[CR001]

It is a call centre, they are not necessarily qualified immigration advisors.