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Tier 1 Dependent is spending 3 months away, is this ok?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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mduho
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Joined: Wed Jun 10, 2009 3:54 pm

Tier 1 Dependent is spending 3 months away, is this ok?

Post by mduho » Wed Nov 24, 2010 9:48 pm

My partner is here in the UK as my Tier 1 Dependent. She has family events to attend back in New Zealand and is planning to stay a total of 137 days in New Zealand.

Will she encounter any problem re entering the UK to join me again.

thelionking
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Location: London, UK

Re: Tier 1 Dependent is spending 3 months away, is this ok?

Post by thelionking » Thu Nov 25, 2010 8:36 am

mduho wrote:My partner is here in the UK as my Tier 1 Dependent. She has family events to attend back in New Zealand and is planning to stay a total of 137 days in New Zealand.

Will she encounter any problem re entering the UK to join me again.

No she won't if her visa is valid on the date she is entering back!

Rajuk09
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Joined: Wed May 20, 2009 7:17 pm

Re: Tier 1 Dependent is spending 3 months away, is this ok?

Post by Rajuk09 » Sun Nov 28, 2010 9:10 pm

thelionking wrote:
mduho wrote:My partner is here in the UK as my Tier 1 Dependent. She has family events to attend back in New Zealand and is planning to stay a total of 137 days in New Zealand.

Will she encounter any problem re entering the UK to join me again.

No she won't if her visa is valid on the date she is entering back!
Just one questions related to this , hope absensce of dependants wont effect ILR after 5 years ?

regards

Raj

silverline
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Post by silverline » Sun Nov 28, 2010 9:39 pm

I reckon for ILR, you shouldn't be out of UK for more than 450 days in last five years & 90 days in last one year.

sojan
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Post by sojan » Sun Nov 28, 2010 10:09 pm

silverline wrote:I reckon for ILR, you shouldn't be out of UK for more than 450 days in last five years & 90 days in last one year.
I thought its 180 days

vinny
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Post by vinny » Sun Nov 28, 2010 10:12 pm

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

mduho
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Joined: Wed Jun 10, 2009 3:54 pm

I think I have an answer

Post by mduho » Tue Nov 30, 2010 9:29 am

319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.

mduho
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Joined: Wed Jun 10, 2009 3:54 pm

Post by mduho » Tue Nov 30, 2010 9:34 am

I think the above answer I found means it's all O.K?

By the time we apply in 2012 we would have been together since 2006 and have proof of that.

Also while she is away for 31/2 months we can continue corrospondence and send letters, and I will be joining her for the end part of her trip to attend a wedding with her.

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