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ILR Application- Dependent stayed more than 180 days

Posted: Sat Jan 19, 2019 9:37 am
by ariff21
Hi All,

My wife eligible to apply for ILR (through Tier 2 dependent visa for 5 years) in Apr/ May 2019, however she stayed in home country for more than 6 months due to pregnancy , her last Tier 2 dependent valid from Jan 2016 till Feb 2019 and applied for extension now. but she stayed in her home country from Aug 2017 to Apr 2018 and then again Aug 2018 to Dec 2018.

Her first Tier 2 dep visa valid from Apr 2014, however she reached UK in May 2014, in that case should I calculate 5 years from Apr 2014 or May 2014.

Please advise.

Re: ILR Application- Dependent stayed more than 180 days

Posted: Sat Jan 19, 2019 9:42 am
by CR001
There is NO absence limit for visas issued BEFORE 11th January 2018. If a visa is issued AFTER this date, she is subject to the absence limit.

You start counting the ILR qualifying period from date of initial visa ISSUE date.

Re: ILR Application- Dependent stayed more than 180 days

Posted: Sat Jan 19, 2019 9:57 am
by ariff21
Thank you so much for your prompt reply

Re: ILR Application- Dependent stayed more than 180 days

Posted: Sat Jan 19, 2019 3:55 pm
by ariff21
Hi

In the SET (O) application there is a question as below

Does the period of stay on which this application was based include any leave granted since 11 Jan 2018.

Have you had any absences from the UK during any leave granted since 11 Jan 2018.

Do I need to say No?
if yes, what docs needs to produce. Pls advise

Re: ILR Application- Dependent stayed more than 180 days

Posted: Sat Jan 19, 2019 4:15 pm
by CR001
Does your spouse have a visa that was issued on or after 11th January 2018???

Re: ILR Application- Dependent stayed more than 180 days

Posted: Sat Jan 19, 2019 4:18 pm
by ariff21
Hi CR001

Yes, applied for Tier 2 Dep extension and hopefully receive it soon, so i entered the latest BRP card date as 11Jan 2019 and exp date as 10Jan 2020.

Once she get the visa extension, then this visa issued will be after Jan 2018.

Re: ILR Application- Dependent stayed more than 180 days

Posted: Sun Jan 20, 2019 3:10 pm
by ariff21
any advise please