ILR for a dependant partly on Visit visa and partly on Tier1

[nurul]

Hi All,

I would be applying for my ILR sometime in Feb 2013 and would like to know if my wife could also qualify for ILR. She has spent more than 2 years living in the UK with me but some of her stay here in the UK has been on a Visit visa before she got her Tier-1 dependant visa.

Precisely, she has been here in the UK on a Visit visa from 1 July 2010 to 21 Dec 2010 and then again on a Visit visa from 9 May 2011 to 23 Sep 2011. She later got her Tier-1 dependant visa and has been in the UK on the same since Nov 2011. She applied for a Visit visa twice because she wasn't 21 years of age then and the Immigration Judge had mentioned (in the appeal determination letter) that she could apply for a dependant visa once she turns 21.

I would like to know if it's possible for my wife to apply for ILR with me given the above conditions of her stay here in the UK. Any help on this would be greatly appreciated.

Regards,
Nurul

[onabanjo]

Visiting Visa is Visit Visa as the name indicates. For the purpose of her applying with you under ILR ,her dependent Visa starting period is more logical and commonsensical.

There are two options she needs to allow her two years of living in UK with you starting from when she got her dependent VISA before she applies for her ILR OR apply for her ILR within 28days of you getting yours .

I hope none of the period she stayed in UK on Visiting Visa was not more than 6months, anyway if she had, she would not have been granted dependent Visa.

she must be taking her luck too far if she wants to count part of her visit Visa period in UK as part of the two years required under the rule for ILR.

Thank you

[nurul]

Hi, Thank you for the prompt reply. You are right, she hasn't overstayed in the UK during any of her visits. From the two options you suggested, the first one doesn't look viable because her dependent visa expires in March 2013 along with mine and she would have only completed about 1.3 years then.I didn't clearly get your second option- doesn't she need to complete the qualifying 2 year stay if she applies for ILR within 28 days of mine.
Thank you.

[onabanjo]

When you applied for your ILR , your wife has to apply for further leave to remain to avoid being overstayed in UK as your dependant.

However, The moment your ILR is granted and her further leave to remain is granted as your dependant.She has to apply for her ILR within 28 days of your own grant of ILR and this regardless of the expiry date of her further leave to remain.

If in doubt, wait for others to comment on this, alternatively seek professional legal advice.

Thank you

[geriatrix]

She has to apply for her ILR within 28 days of your own grant of ILR and this regardless of the expiry date of her further leave to remain.

There is no such requirement.

nurul, what is your current Tier 1 immigration category? Is your wife a doctor / dentist?

[nurul]

I am on Tier 1 (General) Visa. My wife is a housewife, she doesn't work anywhere.I can't get if she needs to wait for me to get an ILR first or could she apply for further extension the same time when I would be applying for my ILR.Thank you.