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ILR eligibility in regards to continous period for dependent

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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pra273
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Joined: Mon Jul 13, 2015 10:31 pm

ILR eligibility in regards to continous period for dependent

Post by pra273 » Mon Jul 13, 2015 10:54 pm

Hello i am pra and i need some suggestions please,

I applied for my Tier 1 ( general migrant ) Visa on 6th sept 2010 ( with expiry date of 06/09/12)
However, my wife had PSW ( post study work visa ) then and went back to Nepal and applied from Nepal ( entry clearance ) as my dependent on 24/11/10.

Then we had baby on 18th July 2012 in England. My wife along with baby went back to Nepal in 09/08/12 just before expiry of visa.

Then I applied for extension of TIER 1 (General migrant) on 04/09/12 in UK .
However, my wife and baby were in Nepal and applied again as my dependent ( entry clearance ) on 2/11/12 from nepal.
Now the problem is since my wife applied for the new extension ( as Entry clearance ) after 28 days of expiry of her previous dependent visa , is there a break in her continuous period? or does that only apply to main applicant ( me )?

As of before 9th July 2012, only 2 years of continuous leave was necessary for dependents but after July 2012, it has to be 5 years. So if her continuous period again starts from 2/11/12 she shall have to wait for 2/11/17 for ILR application; is that correct ?
OR
As her entry clearance was initially on 24/11/10 and that would make her eligible according to rule before July 2012 ( the only thing I am not sure in this case is that she was in Nepal when her first entry clearance visa expired and that she again applied as my dependent but that was after 28 days ).

And what about my baby . he was born in Uk but travelled to Nepal when he was 26 days . He applied for entry clearance to come back to uk in 2/11/12 . Is he eligible to british passport after I have ILR in sept 2015 ?

pra273
Newly Registered
Posts: 2
Joined: Mon Jul 13, 2015 10:31 pm

Re: ILR eligibility in regards to continous period for depen

Post by pra273 » Mon Jul 13, 2015 11:33 pm

any Suggestions ???

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

Re: ILR eligibility in regards to continous period for depen

Post by vinny » Tue Jul 14, 2015 6:36 am

It's unclear if your wife's continuous leave was broken.

UK born child is entitled to register after a parent is granted ILR.
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