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Hi,
I am a little bit confused with the 2 years and 5 years rules for the Tier1 general dependent for the ILR application. I have been granted my Tier1 general visa in november 2009. Does my dependent fall into 2 years rules??? I will be qualified for ILR in november 2014 and my wife and kids are staying with me in UK since march 2012, by nov 2014 it will be over 2 years of stay for them in UK and as I am applying ILR from tier1 general and I can apply dependent with my application. will there be any issue for their ILR?????

thanks,
Zubair

zia.mohamed wrote:Hi,
I am a little bit confused with the 2 years and 5 years rules for the Tier1 general dependent for the ILR application. I have been granted my Tier1 general visa in november 2009. Does my dependent fall into 2 years rules??? I will be qualified for ILR in november 2014 and my wife and kids are staying with me in UK since march 2012, by nov 2014 it will be over 2 years of stay for them in UK and as I am applying ILR from tier1 general and I can apply dependent with my application. will there be any issue for their ILR?????

thanks,
Zubair

As per IKBA site, it is 2 years for Tier 1 dependents. Here is some extract from the site

Your partner can apply for settlement at the same time as you apply for settlement, if:

you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);

Refer: http://www.ukba.homeoffice.gov.uk/visas ... ependants/

Gurus, please confirm if this is not the case.

thanks amit, but also on the UKBA website the below is mentioned under "immigration rules - part 8, Family memebers of relevant point-based system migrants"
"(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules."

could someone please explain to me why its says 5 years in (ii)a,b,c..

thanks,

319E(d) wrote:(ii) If (i) does not apply, ...

That's why.