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Wife's ILR eligibility and existing visa clarification

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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bkcsit2004
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Wife's ILR eligibility and existing visa clarification

Post by bkcsit2004 » Wed Mar 27, 2013 10:39 pm

I'm currently on Tier 1 General visa (expires on Apr 2014) and as per new rules am eligible for applying ILR.

Wanted to check if my dependent (wife) is eligible to apply along with me for ILR:

My wife has entered UK in May 2010 (as Tier 1 general dependent visa) and returned to India for her delivery in March 2011.

Her existing Tier 1 general dependent visa expired on April 2012 (when she was still in India) and had applied for Tier 1 Dependent Visa again and her visa was granted in May 2012

My Wife entered UK again in August 2012 (their leave expires in Apr 2014)

She has only stayed 16 months (if I count) with me in UK

Can I request experts/Gurus of this forum to if she is eligible to apply ILR along with me ?

if she is not eligible can she continue on her existing Tier 1 Dependent Visa till Apr 2014 with me in UK even if I move to ILR ?

am hoping in Apr 2014 (when her leave expires) she would be definitely eligible for applying ILR (my dependent) ?

If anyone had a similar situation Kindly help

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Mar 28, 2013 12:11 am

It probably depends on how 'since then has had continuous leave as the Partner of that Relevant Points based System Migrant' in 319E(d)(i) is interpreted.

Can anyone see where 'continuous leave' is properly defined in the Immigration rules? Overstayers definitely won't have 'continuous leave'. However, leave is not required outside the UK. So, if that leave expires when one is outside the UK, is 'continuous leave' considered as broken or not? For example, under Long residence, 'continuous residence' is not considered as broken.

If she does not qualify for ILR, then she may remain, and continue to apply for leave to remain, as a PBS dependant partner until she qualifies.

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We do not inherit the Earth from our ancestors, we borrow it from our children.

bkcsit2004
Newly Registered
Posts: 15
Joined: Fri Feb 01, 2013 10:46 pm
Location: Manchester

Post by bkcsit2004 » Thu Mar 28, 2013 9:27 am

Thanks for the reply Vinny

More than her eligibility for ILR now am more concerned about is her stay in UK as Tier 1 dependent once I change my visa to Indefinite Leave to Remain

Can she continue staying in UK on her existing Tier 1 Dependent visa which she holds till April 2014 (if required I will apply her extension as PBS dependent before ILR eligibility)?

can you please help me

vinny
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Posts: 30356
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Mar 28, 2013 9:45 am

vinny wrote:If she does not qualify for ILR, then she may remain, and continue to apply for leave to remain, as a PBS dependant partner until she qualifies.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

deepg
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Post by deepg » Sun Oct 06, 2013 7:52 pm

Hi Kumar,

Have you applied ILR, if Yes, your wife also got ILR?

vinny
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Post by vinny » Sun Oct 06, 2013 11:29 pm

It's complicated because "continuous leave" isn't properly defined in this context. However, Sep08T1Applicant was successful.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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