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ILR for Tier1 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

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AliJaffery
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ILR for Tier1 Dependant

Post by AliJaffery » Mon Jun 23, 2014 11:01 am

Hi,

Could anyone please let me know about the following .

My ILR is due by November 2014 ( i am the main applicant ), i need to know that my wife can also apply with me. She is on
Tier1 dependant visa since from Nov 2009. Altogether since from then she has spent more than 2 years in UK but those 2 years
were not continuous.

Please let me know if some have got the ILR for their dependants with the similar condition.

Amber
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Re: ILR for Tier1 Dependant

Post by Amber » Mon Jun 23, 2014 2:12 pm

Did her leave expire abroad during that time?
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AliJaffery
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Re: ILR for Tier1 Dependant

Post by AliJaffery » Mon Jun 23, 2014 2:23 pm

No, her visa didn't expire during anytime when she went out of the UK.

Amber
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Re: ILR for Tier1 Dependant

Post by Amber » Mon Jun 23, 2014 4:03 pm

Then what is the issue?
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AliJaffery
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Re: ILR for Tier1 Dependant

Post by AliJaffery » Mon Jun 23, 2014 4:21 pm

Issue is i am going to apply by this Nov 2014 for my ILR
and my wife went to Pakistan on Sep 2012 and joined me back in March 2013 after 7 months ( her visa didn't expire while she was in Pakistan )

From Mar 2013 - Nov 2014 is 20 months , will she be considered for her ILR when i apply in Nov 2014 even she is short of around 4 months to complete 2 years immediately before my ILR.


Regards,
Ali.

Amber
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Re: ILR for Tier1 Dependant

Post by Amber » Mon Jun 23, 2014 11:16 pm

Should be ok.
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AliJaffery
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Re: ILR for Tier1 Dependant

Post by AliJaffery » Tue Jun 24, 2014 11:46 am

Hi Amber,

Could you please provide me any link of the UKBA for this because in

Immigration Rules Part 8 (319E. Requirements for indefinite leave to remain) it's saying like this:

If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years.


But it's not saying continuous stay.

Thanks for your early replies as well.


Regards,
Ali.

Amber
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Re: ILR for Tier1 Dependant

Post by Amber » Tue Jun 24, 2014 1:43 pm

Continuous leave as in the leave did not expire during the period.
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