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is my wife ok to apply ?

Posted: Mon Jun 27, 2011 1:17 pm
by shimu
Hi Everyone,

I am going to apply for ILR in Dec '11. I am on tier 1 and mine is clear case. Hopefully, I will have no issue in getting the ILR.

My query is regarding my wife's ILR. Her immigration history is as follows:

1) Arrived in UK in Jan 2008 - on work permit. Work permit was valid till Dec 2009
2) Left for India in June 2009 after birth of our child. However, she was on UK maternity leave during her time in India
3) Returned to UK on a family visitor visa in Feb 2010
4) Left for India in June 2010
5) Came back to UK in Dec 2010 on tier 1 dependent and is here ever since

Is she eligible to apply for ILR with me as a dependent?

thanks and regards

Posted: Mon Jun 27, 2011 1:24 pm
by vinny
If she has been living with you in the UK for at least two years, then yes (319E).

Re: is my wife ok to apply ?

Posted: Mon Jun 27, 2011 2:16 pm
by geriatrix
shimu wrote:3) Returned to UK on a family visitor visa in Feb 2010
I wonder if this could have reset the "2 year qualifying residential period"?

Posted: Mon Jun 27, 2011 4:24 pm
by vinny
Perhaps not reset, as 319E doesn't specify previous leave except current one?