HSMP/Tier 1 General Dependent Length of Stay

[sanjubala]

Hi,

I am Bala. Currently i am in UK under Tier 1 General (Highly skilled migrant) visa. By January next year, i will be applying for my ILR. My Wife and Child they are under Tier 1 General Dependent visa and they have the same visa period like mine. Currently they are in India and i have planned to bring them back in November. But by the time when i apply for ILR, My wife and child will not have completed 2 years of stay in uk. ( My wife will be 80 days short and my child will be 6 months short to 2 years ) Will there be a problem, if i apply ILR for them along with my application ?. Or Should i need to go for a visa extension for them. (What is that visa called ? ).

[ I got my HSMP Approval letter in August 2007 and HSMP Visa on 07/01/2008 for 3 years.

My Wife got HSMP Dependent Visa on 08/05/2008.
My Child got HSMP Dependent visa on 24/06/2009.

Then all of us got Tier 1 General Visa on 15/01/2010 through visa extension.

I am under Tier 1 General (Highly skilled Migrant ) and my wife and child are under Dependent visa ]


Thanks,
-Bala-

[geriatrix]

Your wife and child do not need to complete 2 years in the UK as "dependants of a Tier 1 (General) migrant" but as "dependants of an economic migrant" (which includes their time in UK as HSMP dependants).

So, are you saying that your wife will not have lived in the UK for 2 years between in the (almost) 5 year period between May 2008 and Jan 2013?

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

[sanjubala]

Hi sushdmehta,

Thanks for the reply.

Yes. between May 2008 and Jan 2013, my wife and child will not have lived for 2 years in UK.

Thanks,
-Bala-

[Greenie]

do you mean they haven't spent 2 continuous years here or they haven't been here for two years in total?

[sanjubala]

Hi Greenie,

They haven't been in uk for two years in total.

Regards,
-Bala-

[geriatrix]

Option:
1. Call your wife 80-90 days earlier than planned to cover the 80 days shortfall.
2. Include wife in the settlement application as dependant, provide evidences of cohabitation for the 2 year period that she has been here in the UK and then hope that the CW understands that the 2 year stay need not be continuous but only total.

Should you choose to follow the option above, I am not sure if the application will be successful given her extensive absence (3 years out of 5).


There is no residence requirement for children, so include the child in your settlement application.

[sanjubala]

Hi sushdmehta,

Thanks for the info. I think, it is better for me to go with FLR for my wife and ILR for me and my child.

Regards,
-Bala-