Spouse ILR

Hi All,

I got my ILR done via Tier 2 General 5 years route in the month of August 2018 and my eligibility for applying for British Citizenship is in in Aug 2019 onward after meeting the all the requirements but my wife's current tier 2 general dependent visa is valid till July 2019 since she came to UK 1 year after me and she could not apply for her ILR along with me. My wife will become eligible to apply for ILR in July 2019 itself (same month and year when her Tier 2 general dependent visa expires).

And I am not sure what need to be done next, can anyone please advise what are our best options?

Thanks in advance.

Regards

And I am not sure what need to be done next, can anyone please advise what are our best options?

Not sure what you mean by 'best options'. There aren't any 'options'. She must apply for ILR on form Set(O), same form you used. She can only apply for citizenship without the 12 month waiting period IF you are British before her 12 months of ILR ends.

When I asked for best option I meant, would it be good idea to switch on family visa first and then apply for her ILR later which gives us additional 2 years.

Also I was wondering if we apply for my wife's ILR one month in advance can she still continue to be in UK until decision is received from UKBA, since her dependent visa expires in July 2019 and she can apply for ILR latest by Jun 2019.

Probably not a good idea to switch to partner of a settled person leave under Appendix FM.

Thank you for that advise and the only other question I had was.

My wife will be eligible to apply for ILR in June 2019 and her current dependent visa expires in July 2019 so will she be allowed to stay in UK until decision is received for her ILR which I presume might take upto 180 days.

Regards

Yathish wrote: ↑

Wed Aug 29, 2018 4:31 pm

Thank you for that advise and the only other question I had was.

My wife will be eligible to apply for ILR in June 2019 and her current dependent visa expires in July 2019 so will she be allowed to stay in UK until decision is received for her ILR which I presume might take upto 180 days.

Regards

I don't understand what the issue is here. she can apply for ILR 28 days before clocking 5 years on dependent visa. As long as she submits her ILR application before her visa expires in July 2019, Yes she will be able to stay in the country until her visa is processed and approved. The application process is changing soon, the processing time might not take that long any more.

My only concern was that her current Dependent visa would have been expired in July 2019 and earliest she could apply for ILR was June 2019 and visa processing timelines on gov.co.uk website says 180 days but it is good to know that she can stay in UK once she has applied for ILR and awaiting ILR decision.

Your wife will be protected by Section 3c of the Immigration Rules while her application for ILR is being processed.

Hi,

As per the new rule from January 2018, Tier 2 General dependent should also not be out of the country for more than 180 days in a year to be eligible for ILR. My question is does the year clock reset to 180 days from the date of entry or does it continue when considering applying for ILR.

My wife first came to UK in July 2014 and she is eligible to apply for ILR in July 2019 but she was out of UK last year and came back to UK in June 2018. Considering the new rule she has already spent 160 days out of the country and we are confused does her 180 days clock was reset in July 2018 or does she have only 20 days left to travel out of UK and still be eligible for ILR next year.

Appreciate your help on this query.

Hi All,

Can you please help me with your valuable suggestion on how to calculate continuous period for my wife who will be eligible for ILR in June 2019. The main reason for this question is we are planning to go out of UK for few days and we are not sure if our travel breaks the rule since my was out of UK for more than 1.5 years and she has come back to UK on 11/06/2018. As per new rule from 11th January 2018, calculation of leave of absence is on rolling basis and we are confused after reading below from UKBA publication given below.

"Transitional Arrangements – rolling 12 month period
For settlement applications made from 11 January 2018, you must consider
absences from the UK on a rolling basis, rather than in separate consecutive 12-
month periods. If the applicants qualifying period includes leave granted before this
date, any absences during that leave will be considered under the previous rules – in
separate 12-month periods ending on the date of application.

For example:
The application date is 30 June 2020. The applicant’s continuous period includes
the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this
grant of leave will be considered in separate 12-month periods, ending on 30
June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during
this grant of leave will be considered on a rolling basis: you must not include
any absences from the previous grant of leave when you assess this"


Now, my wife's Tier 2 General - PBS Dependent visa grant details are as below.

First grant was from 19/06/2014 valid till 01/07/2016
Second extension from 16/06/2016 valid till 14/07/2019.

Based on the above when applying for her ILR does the leave of absence should be calculated considering 12 month consecutive or 12 month rolling basis and any idea how many days she has left to travel without breaking any rules.

Your advise would be much appreciated.

There is NO absence limit for PBS Dependents whose visas were issued BEFORE 11th January 2018!!!

indefinite-leave-to-remain/big-changes- ... 46559.html

What you are highlighting is for PBS main visa holders.

Hi Everyone,

I currently have my ILR with eligibility to apply for citizenship in Sep 2019 but wife's tier 2 dependent visa is expiring in Jul 2019 and I need your advise if I can apply for her ILR or not.

My main concern for applying ILR for my wife is that in year 2017 - 2018 she was out of country for 390 days and laws have changed in Jan 2018 about dependents requiring minimum residency period.

Can anyone please advise if this would affect my wife's ILR application.

Thanks in advance.

Topics merged!!!

Yathish wrote: ↑

Thu May 16, 2019 9:57 am

Hi Everyone,

I currently have my ILR with eligibility to apply for citizenship in Sep 2019 but wife's tier 2 dependent visa is expiring in Jul 2019 and I need your advise if I can apply for her ILR or not.

My main concern for applying ILR for my wife is that in year 2017 - 2018 she was out of country for 390 days and laws have changed in Jan 2018 about dependents requiring minimum residency period.

Can anyone please advise if this would affect my wife's ILR application.

Thanks in advance.

Your question was already answered in September last year!!

CR001 wrote: ↑

Thu Sep 13, 2018 8:00 pm

There is NO absence limit for PBS Dependents whose visas were issued BEFORE 11th January 2018!!!

indefinite-leave-to-remain/big-changes- ... 46559.html

What you are highlighting is for PBS main visa holders.