Immigrationboards.com

Hello,

I am a wife of British Citizen, my husband got british citizenship in March 2019, following naturalisation on Tier 2 general visa followed by ILR. I and my son who is now in university in USA (and older than 18 years) are on dependent visa based on my husband's earlier Tier 2 general visa since March 2018. However, I and my son hold Tier 2 general dependent visas since 22/4/2013 and it was renewed in March 2018. But, we could not apply for ILR at the same time when my husband applied for his ILR in August 2017, as we were away for more than 180 days per year during 5 year qualifying period in almost every year due to family circumstances and my son's education who is now studying in USA.

As per new guidance issued in March 2019, since absences before 11 January, 2018 are not considered for application of ILR, are we now eligible to apply for ILR as we have completed more than 5 years of holding tier 2 general dependent visa on 21/4/2018. ? However, we both are away from UK for more than 180 days since 11 January, 2018 also due to same above mentioned reasons .

So, could anyone please advice us whether it is ok for us to apply for ILR based on the fact that we are holding tier 2 general dependent visa since April 2013.

or

can we apply for UK Citizenship straight away since my husband is British citizenship now?

So, could anyone please advice us whether it is ok for us to apply for ILR based on the fact that we are holding tier 2 general dependent visa since April 2013.

If you have been away from the UK for more than 180 days since your visa was extended in march 2018, then your residence for ilr is broken. Note also that both you and your son are required to be resident in the UK to qualify for ilr and specifically a child over 18 has to prove with evidence that he is not leasing an independent life and still dependent.

can we apply for UK Citizenship straight away since my husband is British citizenship now?

No. You need ilr before you can apply for citizenship.

Thank you for the reply and help.

Now, I started living continuously in the UK since April 2019, considering this fact how soon can I apply for ILR or do I need to apply for extension of the same dependent visa?

Also, my son who is now 20 is still a student in university in USA and has one more year to complete his education , but he stayed most of the time away from UK studying. And he can show dependent status by producing university documents confirming his student status and my husband can provide bank statements showing transfer of funds to him for education and living expenses. Can he apply for ILR straightaway considering this fact ? Of course, he will write English and living in the UK test.

Thank you
Singaramdevi

When did you leave the UK and what date in April did you return?

He might fail ilr due to his absence as he has clearly not been resident in the uk since turning 18. Note he cannot apply for ilr outside of the UK.

When did you leave the UK and what date in April did you return?

Actually, after I got my visa renewed on 27.3.2018 , I lived away from the uk from 2.4. 2018 to 16.5.2018 & 27.5. 2018 to 13.10.2018 and 22.10. 2018 to 22.12.2018 and 05.01.2019 to 25.02.2019 and 10.03.2019 to 11.04. 2019. so, I was for more than 180 days between 27.03.2018 and 11.04.2019, nearly 243 days.


He might fail ilr due to his absence as he has clearly not been resident in the uk since turning 18. Note he cannot apply for ilr outside of the UK.

Regarding my son, so, I wont apply for his ILR, in that case, can I apply for extension of dependent visa, as he is planning to continue studies at post graduate level (still dependent and not earning) in the UK from august 2020?

Thank you,
singaramdevi

Hi,

I request you to reply to my question please! I gave all the dates of absence . Thank you