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query on dependent's status on main applicant ILR

Posted: Fri Sep 14, 2012 11:13 pm
by faran.bajwa
Hi there,

Need your help. My ILR is due in November 2013.
My wife came to UK from Pakistan in August 2010, as Tier 1 dependent.
She went back to Pakistan in August 2011 and her visa expired on 16
November while in pakistan.

She renewed her visa from Pakistan in Jan 2012, and joined me.

In Dec next year, her duration in UK will be 3.5 years. As of now, she has already sent about 7 months abraad.

will she need to apply for ILR once I get indefinite visa? or will she need to apply for spouse visa first and then ILR as soon as she gets spouse visa?

Thanks

Posted: Sat Sep 15, 2012 2:20 pm
by geriatrix
Assuming "Tier 1" you refer to is "Tier 1 (General)", then:

Under current rules, your wife should be eligible for settlement at the same time as you.
1. The "2 year period" need not be continuous.
2. Dependant's absences from UK is irrelevant.

Q12.

Posted: Sun Sep 16, 2012 10:02 pm
by faran.bajwa
Many thanks for your quick response. Resolves my worries. Yes its Tier 1 General.

Does the same stand for citizenship as well? Will she be eligible at the same time as me?

Kind regards

Faran

Posted: Mon Sep 17, 2012 1:04 pm
by geriatrix
No.