Dependant ILR

Hi All,

I have used the forum for long time but this is the first time i am asking the question.
I am currently in Tier 1 General visa category and will qualify for ILR beginning of next year.
But my question is regarding my wife.
My Wife Visa status as follows,
1. First she came to UK as dependant on July 2010 and left on August 2011
2. Her first Entry Clearance visa expired on 30 June 2012
3. She got a second entry clearance on 12 July 2012 (Valid from) and came to UK on August 2012.

By the time next year when i apply for ILR visa my wife gets qualified if UKBA consider her first entry clearance. Which I don’t know whether UKBA would consider or not.

My questions are
1. Does she allowed to apply for ILR with me if not what are the options.
2. Does Home office consider her first Entry clearance or second entry clearance while calculating the qualifying period.
3. Will my wife fall under 2 or 5 year qualifying period requirement.

Thanks for the reply.

Regards
Raj

When did she applied for the EC second time? Date of Application submitted?

Hi Damanisshallo,

Thanks for your reply.

My Wife applied second EC from Chennai, India.

Date she applied i couldn't find. But in her second EC visa it says valid from 12/July/2012. If the Valid from date is EC issued date then my wife would have applied visa week before that.

Regards

Raj

Could Visa Guru help me on my query.

It's complicated because "continuous leave" isn't properly defined in this context (when applying for entry clearance). However, Sep08T1Applicant was successful.

If they consider your wife's second Entry clearance as resetting her qualifying period for ILR, then she most likely applied before 9 July 2012 as her leave was granted on 12 July 2012.

*** Update to continuous definition ***

HI Vinny,

Thanks for your reply.
"continuous leave" is ambiguous. Now it is up to case worker to decide. Is there is any way to get clarification on it.
Experts like you can point me in right direction. Thanks

Regards

Sivaraj

HI,

I have asked same question before but that time there were on one with similar situation. Hope this time someone came across same situation like me.
I am currently in Tier 1 General visa category and will qualify for ILR in June.
But my question is regarding my wife.
My Wife Visa status as follows,
1. First she came to UK as dependent on July 2010 and left on August 2011
2. Her first Entry Clearance visa expired on 30 June 2012
3. She applied her second entry clearance before the visa expiry 30 June 2012 ( from India) and got visa approved on 19 July 2012 and came to UK on August 2012.

By the time next year when i apply for ILR visa my wife gets qualified if UKBA consider her first entry clearance. Which I don’t know whether UKBA would consider or not.

My questions are
1. Does she allowed to apply for ILR with me if not what are the options.
2. Does Home office consider her first Entry clearance or second entry clearance while calculating the qualifying period.
3. Will my wife fall under 2 or 5 year qualifying period requirement.

Thanks for the reply.

Regards
Raj

please let me know what was the conclusion. I am exactly in the same boat. did your wife get ilr

check this. i guess she will be fine as she lived 2 years after 9th july 2012 in uk and had continuous leave in this category before and after 9th july 2012
4.3.3. The changes have the following impact for PBS dependants:
a) Qualifying for ILR at the same time as a relevant PBS migrant:
4.3.4. An applicant who had leave to enter or remain in the UK as the partner of a relevant PBS migrant before 9 July 2012, and who has had continuous leave in this category from 9 July 2012 up to the date of their application for indefinite leave to remain, is required to have lived together in the UK with their partner in a marriage or civil partnership, or in a relationship similar to marriage or a civil partnership, for a period of at least 2 years: under paragraph 319E(b)(ii), (c)(ii) and (d)(i).

abhijitrunwal wrote:please let me know what was the conclusion. I am exactly in the same boat. did your wife get ilr

When did she leave the UK after getting first entry clearance as wife of tier 1 or hsmp dependent?

dates
wife first entry valid from aug 2011 to 1 7 2012
she left uk on 30 6 2012
applied outside uk on 4 7 2012. second entry clearance
approved on 18 7 2012
arrived on 19 9 2012 and with me till date
i am tier 1 and will be eligible for ilr on basis of 5 years on 1 7 2015
we both want to go for ilr
will my wife get ilr on 2 year rule as she applied on 4 7 2012

dates
wife first entry valid from aug 2011 to 1 7 2012
she left uk on 30 6 2012
applied outside uk on 4 7 2012. second entry clearance
approved on 18 7 2012
arrived on 19 9 2012 and with me till date
i am tier 1 and will be eligible for ilr on basis of 5 years on 1 7 2015
we both want to go for ilr
will my wife get ilr on 2 year rule as she applied on 4 7 2012

dates
wife first entry valid from aug 2011 to 1 7 2012
she left uk on 30 6 2012
applied outside uk on 4 7 2012. second entry clearance
approved on 18 7 2012
arrived on 19 9 2012 and with me till date
i am tier 1 and will be eligible for ilr on basis of 5 years on 1 7 2015
we both want to go for ilr
will my wife get ilr on 2 year rule as she applied on 4 7 2012

thanks foryour reoly
but rules should be applicable when we apply isnt it.
for eg tier 1 application always rules when we aplly are applicable so similarly for ilr also it should be applicable.
also statement of intent published in july 2012 also states the date of application