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Tier 2 Dependant’s eligibility for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Shalz2019
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India

Tier 2 Dependant’s eligibility for ILR

Post by Shalz2019 » Fri Feb 08, 2019 12:47 am

Hi,

My husband was on a Tier 2 General visa since 2013 and qualified for IlR in April 2018.
I have held a Tier 2 dependent visa which was first issued on 01/08/2013 and valid until 02/04/2016.
I came to the UK on 25/10/2013 and had to return to India on 31/10/2013 as my brother’s wife passed away unexpectedly.

I had to stay on in India and returned to the UK only on 28/06/2014 ( Had been away for more than 180 days).

Since then I have not stayed outside the UK for more than 60 days.

My dependent visa was renewed again on 02/04/2016 and is valid until16/04/2019.

Will there be any consideration for the fact that I was away in India for more than 180 days due to a domestic emergency.

I am not clear whether I can make an application for ILR or should I renew my Tier 2 PBS Dependant visa.

Kindly advise.

Thanks in advance.

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Re: Tier 2 Dependant’s eligibility for ILR

Post by vinny » Fri Feb 08, 2019 1:04 am

ILR.
(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.
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Shalz2019
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Posts: 7
Joined: Fri Feb 08, 2019 12:16 am
India

Re: Tier 2 Dependant’s eligibility for ILR

Post by Shalz2019 » Fri Feb 08, 2019 1:06 am

Thank you so much.

Shalz2019
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Posts: 7
Joined: Fri Feb 08, 2019 12:16 am
India

Re: Tier 2 Dependant’s eligibility for ILR

Post by Shalz2019 » Mon Feb 11, 2019 2:22 pm

Hi again,

Could you clarify which set of Forms should I be applying ? Set (O) or Set (M)?

Thank you.

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CR001
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Re: Tier 2 Dependant’s eligibility for ILR

Post by CR001 » Mon Feb 11, 2019 2:42 pm

Shalz2019 wrote:
Mon Feb 11, 2019 2:22 pm
Hi again,

Could you clarify which set of Forms should I be applying ? Set (O) or Set (M)?

Thank you.
SET(O) for PBS Dependents applying for ILR.
Char (CR001 not Casa)
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Shalz2019
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Posts: 7
Joined: Fri Feb 08, 2019 12:16 am
India

Re: Tier 2 Dependant’s eligibility for ILR

Post by Shalz2019 » Tue Feb 26, 2019 11:47 pm

Hi again,

I was checking eligibility for ILR and came across this:

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012
When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds.

I’m confused as I haven’t lived in the UK for 5 years with my husband.

Am I then eligible for ILR? Please clarify.

Thanks

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