ILR - dependant - new visa rule ?

[vishnu123]

Dear Members

I have a doubt in applying ILR for my dependant. Could someone share their experience on this?

I am eligible for applying ILR on 20/Feb/2013 as my current Tier-1 visa expires in 20/March/2013. My wife first came to UK on 1/Apr/2011 and she is planning to go to India for her maternity on 15/Dec/2012 (She would have completed 1yr and 8 Months in UK until this December). She will be back only after 6-8 months time. Both my kid and wife will be applying a dependant visa (Hopefully I will have a ILR) from India.

Questions:
1) Can my wife apply for ILR after 6 months of her return?
2) or she has to spend another 5 yrs (with new rules) to get ILR?

ELSE

If I extend my Tier-1 visa (Not applying ILR) with my wife before she leaves on maternity. She don’t have to apply visa in India on her return as she will have a valid dependent visa.

Now is she eligible to apply for ILR with 2yrs rule?


Advance thanks for your reply.

Thanks
Vishnu.

[varghesejim]

The key here is that your wife need to maintain her current leave. She got the visa before 9th July so she is currently under the old rule. So she just need two years. However, if her Visa expires at any point she will come under the new rule and she has to wait for 5 years.

In your case, it looks simpler(if not cheaper) to apply for extension before your wife leaves. You can apply for your kid from India and they can come over after some 6 months or so, and all of you can apply for ILR once your wife finishes her 2 year residency. However, you need to make sure that the old rule of ILR eligibility for dependent with 2 year residence even if it is not continuous still applies.

By the way, I am also in the same situation. My wife did not extend the visa before going for maternity to India. Now she need to wait for 5 years from entry for ILR.':('

Think about getting the delivery done in UK if you can. It is the easiest way as far as Visa is concerned.

[silent_warrior]

The 5 years rule applies for entry clearance PBS applications and not for extensions
Check this link
http://immigrationboards.com/viewtopic.php?t=62853

[varghesejim]

The 5 years rule applies for entry clearance PBS applications and not for extensions
Check this link
http://immigrationboards.com/viewtopic.php?t=62853

His wife need to apply for entry clearance if her visa expires when she is in India. Then she will come under new rule.

[ruvi]

Is this the same for children? I am applying for my children aged 6, and 8. I qualify for ILR in 2014. So does this mean I need to apply for dependents visas for them after I get ILR

[varghesejim]

Is this the same for children? I am applying for my children aged 6, and 8. I qualify for ILR in 2014. So does this mean I need to apply for dependents visas for them after I get ILR

Assuming they are under a valid visa here. In that case there is no residency requirement for children unless they are leading an independant family life. They can apply with you in 2014.