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Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 11:12 am
by MM0099
Hi all,
I hope you are well.
My wife is on tier 2 dependent visa and we are planning to apply for ILR after completion of 5 years.
I wanted to know if there is a rule about staying out of UK for more than a certain number of days in one go ?
I am aware that there is a limit of 180 days in any 12 months but I wanted to check if there any limit on how many consecutive days one can stay out of the UK (I heard a friend say its 90 consecutive days?)
Any advise will be greatly appreciated .
Many thanks.

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 11:37 am
by CULLINAN
She only has absence limits on any visa that was granted after 11th Jan 2018. Not more than 180 days in one go AND/OR not more than 180 days on rolling basis.

There is no 90 days rule. Maybe you are confusing residence requirements for Naturalisation with immigration rules.

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 3:16 pm
by MM0099
Tanks a lot for your reply!

"Maybe you are confusing residence requirements for Naturalization with immigration rules."
So am i correct in understanding that once she has the ILR on 5 year tier 2 dependent, the one year she has to spend on ILR and then then apply for nationalization is when this 90 consecutive days rule has to be kept in mind ?
Please do share your thoughts.

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 3:23 pm
by CULLINAN
One has to wait 1 year on ILR if one is not married with a British Citizen.
In that case, one should not have more than 90 days of absence in the last 1 year and not more than 450 days in the last 5 years from date of AN application.

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 6:24 pm
by MM0099
Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 6:24 pm
by MM0099
Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 6:24 pm
by MM0099
Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 6:24 pm
by MM0099
Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 6:24 pm
by MM0099
Hi, Thanks a lot for your reply ! that clears it up for me.
One last question please.
So the situation is that I was on Tier 2 visa and got married so my wife also got tier 2 dependent visa. I got ILR and British citizenship last year but my wife is still on tier 2 dependent visa which we got extended. My wife's 5 years on tier 2 will be completed in 2023 and then we will apply for her ILR. Now at that time I will be holding British Citizenship.
I wanted to ask you if the situation you mentioned apply to my wife ? "One has to wait 1 year on ILR if one is not married with a British Citizen"
Will we have to wait a year or can we apply for naturalization straightaway after ILR as she will be married to a British Citizen at that time.
Thanks again for taking the time out to reply :)

Re: Tier 2 dependent Visa to ILR

Posted: Tue Jan 05, 2021 6:36 pm
by CULLINAN
If you are a British Citizen, she does not have to wait 1 year. She can apply for BC straight away after her ILR. She will have to meet 3 years residence in that case. No more than: 90 days in last 1 year, 270 days in last 3 years including all other Section 6(2) BNA 1981 requirements.

Re: Tier 2 dependent Visa to ILR

Posted: Thu Jan 07, 2021 9:43 am
by MM0099
Okay sounds good ! thanks a lot , really appreciate it :)