ILR in April 2013 for myself and dependants

[minigiant]

Hi All,

This is my second post so please bear with me.

My wife came to the UK in August 2007 as Tier 1 dependent (I am under Tier 1 General). She had been continuously staying in the UK till May 2011 and then went back to Malaysia to give birth to our baby. She returned to the UK in April 2012 under the same dependent visa. So she is out of the UK for about 11 months.

Can I include her in my SET(O) form as dependent? Does she complies with the '2 years stay' rule?

Sincerely
Minigiant

[Damanisshallo]

Please refer to this topic and I think you can but please also bear in mind this is almost a year and half old story

[minigiant]

Thank you for your response Damanisshallo and greatly appreciate it.

Can anyone else concur with Daminisshallo's observation?

[onabanjo]

Yes , I concur. I can understand your dilemma and worries.What is important is that your wife satisfies the 2years rule of staying together with you in Uk. The long absence from UK can only be an issue if its you as the main applicant.It does not have any effect on your dependants.

Thank you

[ilrdep]

Recently my wife got ILR she had long absence of 3 years please refer the following link
http://www.immigrationboards.com/viewto ... c&start=20

[onabanjo]

ilrdep, I have gone through the link that was referred to.That link does not have any effect in my recent post and hereby stand by it as that is the position of the immigration rules.

Though admittedly, a dependant that absented from UK for 3years out of expected 5years in UK prior to grant of ILR calls for suspicion and further questioning but that does not invalidate the fact that under the immigration rules she had committed any crime for doing so.What she cleverly did was to observe the two years expected of her and play pranks with the remaining by traveling out of Uk

Thanks

[minigiant]

Thanks for all responses.