ILR for spouse on 2 year route

[lotus30]

Hi Experts,

I have searched all across and could not find a relevant case similar to us and so taking your valuable time in reading and giving your advice, thanks in advance!!! please take your time to read my case and queries below.

I was on PBS tier 1 general visa expiring on apr 2013 and will be eligible for ILR after that period.
My wife joined me as my dependant on tier 1 partner visa on November 2011 and granted till apr 2013
but travelled back in april 2012 for delivery and did not return till her visa expiry(apr 2013)
I applied for ILR in 2013 and was successful and again in November 2013 I applied for my wife and kid a ILR dependant and was granted visa for both them.

Query-any possibility in applying on 2 year route for my wife, since first entry clearance was made before july 2012--any possibility for combining their leave period. have a valid reason for her absence.

Thanks for your time and inputs!!!

[physicskate]

Nope - it is the most recent entry clearance that is relevant. She is on a five year route from her last entry clearance.

Last I checked, some women do give birth in the UK, so maternity is not an extraordinary reason to leave the UK!! Especially not for a whole year...

[lotus30]

thanks for your reply, not just maternity leave period, my wife had to complete her internship, that was the reason...but anyways looks from your reply that it is definitely 5 years route.

[lotus30]

also to add I have been hearing by word of mouth that those granted after july 2012 as spouse visa were able to apply for ILR on 2 year route but could not find any proper evidence if there was any basis on those application.
also few were granted for 27 months spouse visa and few with 33 months spouse visa made outside UK after july 2012 any idea why this difference.

[CR001]

Those who got 27 month visas after July 2012 were likely after an appeal.

What is the length of your spouse's visa (how many months)?

Internship is also not 'exceptional circumstances'. She effectively only lived in the UK for 5 months as PBS Dependent before leaving and then return more than a year later. If she had returned before her PBS Dep visa expired, she could have extended it and been on the 2 year route.

[lotus30]

ok git it her visa is for 27 months but we did not applied before july 2012, it is way behind we got it in nov 2013

[lotus30]

E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c) or in the UK with entry clearance as a partner under paragraph D-ECP.1.1.

can some expertise please explain the second part " in the UK with entry clearance as a partner under paragraph D-ECP.1.1."--I assume this should be the latest rule set as it says either 60 months of continues stay is required or entry clearance as partner under paragraph D-ECP 1.1 should be met

but could not find the paragraph D-ECP 1.1..

[lotus30]

any expertise can explain on my query posted lastly, bit confused since the spouse visa granted is for 27 months and due to be extended or go for ilr in Feb 2016, please just to avoid last minute chaos, many thanks!!!

[geriatrix]

November 2018, at the earliest.

There was no "2 year ILR dependant" route in November 2013! Your wife had no leave between April 2013 and November 2013, there by breaking continuous residence in any case.

[lotus30]

thanks Sushdmehta, if my wife had switched to spouse in April 2013 when the current leave got expired, will my partner be eligible on 2 year route? in that case what form I should have used? i cant rewind back and correct it, just as a matter of knowing, not a urgent now...as it is going to be 5 years for ILR, thanks.