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Hi Vinny / Amber / Others

My case is like this...

I'm on TIER 2 ICT since March 2009 and completing 5 Years in March 2014. My Wife & Kid who are in TIER 2 ICT Dependent Visa.
Our current Visas expiring on 16-Apr-2015.

My wife is also with me in UK since March 2009 but have breaks in between and in total she had lived in
UK for about 3 years and remaining 2 years out of UK on Vacation & to take care of elderly parents. So she never been in UK for a Continuos 2 years.
As per her last entry in to UK, She is in UK since Sep 2012 to till date which covers only for 1 year 5 months.

Questions

Q1) I have been away for 167 days in this 5 years and i presume that wont be an Issue for my ILR. Please let me know if it is.
Q2) Is my wife eligible for ILR along with me to apply next month March 2014.
Q3) If answer to Q2 in Yes, no further questions on my wife's case but provide any suggestions if you have.
Q3) If answer to Q2 in NO, then since her current TIER 2 ICT Dependent Visa is valid till Apr 2015, can she continue in same Visa? (Some people say
she will not be able to continue in existing Visa & I would need to apply for Spouse of Settled Person as my status will change to ILR)
I have read one of posts confirming spouse MAY continue in existing Visa. But since it is mentioned MAY i'm bit skeptical. Do anyone have
official rule covering this point?
Q4) If it ends up like my spouse can continue in TIER 2 ICT Dependent Visa till Apr 2015 then by Sep 2014 will she get eligible for ILR?
(as she is in uk since Sep 2012 without any break)
Q5) If it ends up like my spouse can not continue in TIER 2 ICT Dependent Visa and we had to apply for FLR(M) will her stay in UK gets reset? and
she need to complete 5 years before applying for ILR? Again any offcial rule covering this point?

I know this is very detailed but appreciate someone can throw light & help.

Thanks

Hi,

Can someone help clarifying? Many thanks in anticipation.

Regards

Questions

ref Link http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Q1) I have been away for 167 days in this 5 years and i presume that wont be an Issue for my ILR. Please let me know if it is.
you should be OK
Q2) Is my wife eligible for ILR along with me to apply next month March 2014.

Acc to my understanding of you post. she was granted leave before july 2012 , so she is eligible to apply for settlement with you. Not sure if her absences make any diff, But rule is as follows

your partner must have lived with you in the UK for a minimum of 5 years or 2 years if they had been granted leave as your partner before 9 July 2012 and continuously since then, before they can apply for settlement.

Q3) If answer to Q2 in Yes, no further questions on my wife's case but provide any suggestions if you have.
Q3) If answer to Q2 in NO, then since her current TIER 2 ICT Dependent Visa is valid till Apr 2015, can she continue in same Visa? (Some people say
she will not be able to continue in existing Visa & I would need to apply for Spouse of Settled Person as my status will change to ILR)
I have read one of posts confirming spouse MAY continue in existing Visa. But since it is mentioned MAY i'm bit skeptical. Do anyone have
official rule covering this point?
Q4) If it ends up like my spouse can continue in TIER 2 ICT Dependent Visa till Apr 2015 then by Sep 2014 will she get eligible for ILR?
(as she is in uk since Sep 2012 without any break)
Q5) If it ends up like my spouse can not continue in TIER 2 ICT Dependent Visa and we had to apply for FLR(M) will her stay in UK gets reset? and
she need to complete 5 years before applying for ILR? Again any offcial rule covering this point?

Thanks KPK.

your partner must have lived with you in the UK for a minimum of 5 years or 2 years if they had been granted leave as your partner before 9 July 2012 and continuously since then, before they can apply for settlement.

I'm worried about the text highlighted in RED. My spouse was granted leave along with me in 2009 and we had 2 extensions since then and in both instances we were together in UK. But we didnot live continously since 9 July 2012. But from Sep 2012 yes.

Following are the exact dates she was in and out of UK. Can you please clarify whether she is eligible to apply ILR along with me?
From To Days Days In / Out
28-Mar-09 13-Jul-09 108 In UK
14-Jul-09 05-Apr-10 264 Out of UK
06-Apr-10 10-Dec-10 248 In UK
11-Dec-10 13-Jan-11 33 Out of Uk
14-Jan-11 02-Dec-11 323 In UK
03-Dec-11 21-Sep-12 295 Out of UK
22-Sep-12 Till Date 552 In UK

Please help !!!

Hello..can someone help?

I am no expert... but I think this is fine. It is continuous leave that matters. Even the main applicant is allowed 180 days out of uk, for dependent there is no such written restrictions. As long as she has lived in total 2 years and you can show your marriage certificate (subsisting marriage) and have intention of settling together in UK, it shouldn't be a problem IMHO.

Thanks John.

I have read similar cases and many of them got through. However, if in my case if my spouse case is rejected will they return the
fees (minus appointment fees £100)? or it will be gone fully (£1400)?

In addition to above question.... in general if ILR is rejected for anyone, will they return the fees (£1400)? deducting the appointment fees?

Please clarify.