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Tier 2 dependent: Calculation of 5 years having been living the the UK for

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ngvihu
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Tier 2 dependent: Calculation of 5 years having been living the the UK for

Post by ngvihu » Tue Jan 28, 2020 5:39 pm

Hi All,
I have had ILR via 5 year Tier 2 route.
My wife has stayed in the UK with me,
2011-2012: 1 year
2015-2017: 2 years - she had no visa for the gap between 2012 and 2017
2018-now: 2 years. - she had no visa for the gap between 2017 and 2018.
I would be very grateful if anyone could advise me if she is eligible for 5 years having been living with me in the UK.
Many thanks,
Hung.

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CR001
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Re: Tier 2 dependent: Calculation of 5 years having been living the the UK for

Post by CR001 » Tue Jan 28, 2020 5:56 pm

What is her UK immigration exactly including dates and visas held and applied for?

Why does she have such big gaps with no visa??

To qualify for ilr as a tier 2 dependents she needs 5 years as a tier 2 dependent and 5 years legal stay.
Char (CR001 not Casa)
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ngvihu
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Re: Tier 2 dependent: Calculation of 5 years having been living the the UK for

Post by ngvihu » Thu Jan 30, 2020 11:27 pm

Thank you CR001.
June 2011 to July 2012, her visa is Tier 4 dependent. Then she was out of the UK until her next visa.
June 2015 to July 2017, her visa is Tier 2 dependent. Then she was out of the UK until her next visa
Feb 2018 - now, her visa is Tier 2 dependent.
She never stayed in the UK the beyond her visa granted, all her stay are legal.
Can I ask about the period of 5 years, does it have to be continuous, or as long as the total period is 5 years?
Many thanks.

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Re: Tier 2 dependent: Calculation of 5 years having been living the the UK for

Post by CR001 » Fri Jan 31, 2020 6:18 am

Her legal stay has to be continuous. Her clock started again in 2018 when she got her visa.

If she left the UK before visa expiry date and applied for a new visa more than 28 days after the expiry of the last visa, she broke her continuity of residence.

It would have been better to have applied for an extension within the UK and then travel abroad.
Char (CR001 not Casa)
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ngvihu
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Re: Tier 2 dependent: Calculation of 5 years having been living the the UK for

Post by ngvihu » Fri Jan 31, 2020 4:41 pm

Many thanks CR001 for the clarification.

Can you point me to right documentation from home office? - regarding the constraint on the continuity of the stay required.

I hope I will closely update myself- just in case any changes may give advantages to my wife's case.

Many thanks again for your kind reply and time.

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Re: Tier 2 dependent: Calculation of 5 years having been living the the UK for

Post by CR001 » Fri Jan 31, 2020 4:45 pm

Char (CR001 not Casa)
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ngvihu
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Re: Tier 2 dependent: Calculation of 5 years having been living the the UK for

Post by ngvihu » Mon Feb 03, 2020 3:28 pm

Thank you CR001.

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