Absence Time for ILR for dependent

[smartyboy]

Hi All

I came to UK in (July 2007) and got Indefinite Visa in (July 2012) on the basis of completing 5 working years in UK.

My wife joined me in UK on dependent visa in (April 2008).
She stayed with me in UK (BETWEEN JULY 2007 - JULY 2012) as below;

- April 2008 to September 2008
- March 2010 - November 2010
- August 2011 - July 2012

In July 2012, I was issued Indefinite Visa and she was issued further 2 years dependent visa because she did not complete last consecutive 2 years in UK.

Her current visa status is dependent visa (issued in July 2012 and expires in July 2014).

My questions are;

A) Can I apply for her Indefinite Visa before July 2014? (considering that she has been living in UK on dependent visa continuously since August 2011)?

B) What is the maximum stay she could be out of UK in two years time (between July 2012 and July 2014) so that she doesn't miss Indefinite Visa in July 2014?

I look forward to your replies.

Many thanks.

[sam2012]

Hello Smartyboy,

Based on your wife's stay in UK, looks like she has completed more than 2 years with absenses.

Why didn't she apply for ILR in the first place with you?
Did the caseworker rejected her ILR application and granted tier 1 extn ?
Did you both ( main + dependent) apply separatly ?
Did you provide sufficient co habitation documents ?
On what visa where you on ?

Please describe what went wrong during your first ILR application.

As far as I know dependent short absenses(holiday,business trips etc )
will not count against the application.

Below is my case, please read you may find something usefull.

http://www.immigrationboards.com/viewtopic.php?t=121910

[smartyboy]

Hi Sam
Thanks for your response.

I was on HSMP and then Tier1 General. We both applied for ILR on same time but her application was rejected and she was issued further 2 years dependent visa instead of ILR because my wife was out of UK for more than 6 months (December 2011 to July 2012) in the last 2 years at the time of application. We provided sufficient co-habitation documents but her absence of 6+ months out of UK was the main reason.

A) Can I apply for her Indefinite Visa before July 2014? (considering that she has been living in UK on dependent visa continuously since August 2011)?

B) What is the maximum stay she could be out of UK in two years time (between July 2012 and July 2014) so that she doesn't miss Indefinite Visa in July 2014?

Many thanks.

[Bildor]

Correct me if i'm wrong but i thought dependants were exempt from absence criteria?

[sam2012]

smartyboy,

Sorry for too many quesitons,
Could you please patiently answer below as this will help lot many people as me on this forum:

How did the CW come to know your wife has been away for more than 6 months ?
Did the CW check the exit and entry dates on your dependents passport ?
Does UKBA have absesnse information from airports exit and entry systems ?
Did you mention in the application form ? I dont think there is a column for dependents absenses in the old or the new form .
Did you fill seperate applications for ILR ? was that the casue for rejection ?
Did you explicitly mention about your dependents absenses with case worker ?
Finally, when they said they have rejected your wifes visa, did they ask you file a new applciation ? or did they consider the same application by granted visa for another 2 years ?


Answers to your questions:

A) Yes, she can apply before July 2014, soon after she completed her 2 years.

B) Not sure how many.

Please confirm with UKBA customer service (08706067766) for second opinion on both A and B and let us know.

[sam2012]

Moderators , Experts what are your thoughts ?

why do you think smartyboys dependent visa was rejected for absenses even she was in UK for more than 2 years?
Do you think the caseworker was wrong to reject the Visa in the first place ?

Please help out .....

[sam2012]

Hello smartyboy,

Can you please answer my questions.

[onabanjo]

Sam2012, Some of the questions being asked are unnecessary and uncalled for.Remember Passports are part of documents submitted to case workers.They don't just collect them.Exits and departures stamp dates are checked regardless of the documents prepared to support these absences,so from this a lot of things will be revealed to the case worker.

That said, smartyboy. The way your wife came in UK from 2008 to 2012 , i mean from the timeline provided didn't reveal that she was willing to have a permanent stay in Uk for the purpose of ILR. Its true absences does not count towards dependants but to only main applicant and have seen a lot of dependants in this forum who have been given ILR with breaks in between their stays in UK but definitely not like your wife who has been using her dependant VISA like visiting Visa

Nonetheless. your wife should be able to apply for her ILR anytime from AUGUST 2013.I will strongly advise not to gamble by applying before this time to avoid loss of rejection.

Good luck

[sam2012]

Hello Onabonjo,

Thanks for your comments.

I think you are getting too confused with different cases, All the details you have mentioned is of smartyboys , My questions were to smartyboy as his dependents visa was rejected due to long absenses.
Please note that my questions were not to hurt anyones feelings, its just an anxiety to know what really went wrong with smartyboys dependent visa.

Hopefully he might answer my questions soon.

My case is here :

http://www.immigrationboards.com/viewtopic.php?t=121910

[wpilr_nov12]

Hi All

I came to UK in (July 2007) and got Indefinite Visa in (July 2012) on the basis of completing 5 working years in UK.

My wife joined me in UK on dependent visa in (April 2008).
She stayed with me in UK (BETWEEN JULY 2007 - JULY 2012) as below;

- April 2008 to September 2008
- March 2010 - November 2010
- August 2011 - July 2012

In July 2012, I was issued Indefinite Visa and she was issued further 2 years dependent visa because she did not complete last consecutive 2 years in UK.

Her current visa status is dependent visa (issued in July 2012 and expires in July 2014).

My questions are;

A) Can I apply for her Indefinite Visa before July 2014? (considering that she has been living in UK on dependent visa continuously since August 2011)?

B) What is the maximum stay she could be out of UK in two years time (between July 2012 and July 2014) so that she doesn't miss Indefinite Visa in July 2014?

I look forward to your replies.

Many thanks.

In your wife's case specifically, and due to what was said to you/her as reason of earlier ILR refusal and extension grant instead,
IF she has continuously been in UK since August 2011, she would complete her 2 years in Aug 2013. And you must be aware that she can apply during the last 28 days of 2 years period. Also, since her visa is beyond that period, she can apply any day after completing her 2 year from Aug 2011 until her visa expires.

[indran]

wpilr_nov12,


Is it a requirement for his wife to be continuously be in the UK since Aug 2011? As far as I am aware, dependent just have to be in the UK for 2 years and does not need to be continuous without leaving the country. How do you define continuous anyway, is it being defined anywhere in the rules for dependent? Can you guide me to the rule stating that it has to be continuous. Thank you.

Regards,
Indran

[indran]

wpilr_nov12,

You have confused me now. I realised that it was you stating that my interpretation on 319E(d) rule was off and interpreted the rule saying that for dependent, the qualifying period need not be continuous 2 years. Now you are saying that it has to be continuous. Please clarify why your interpretation has changed since the last we discussed about this in a separate topic below:

http://www.immigrationboards.com/viewto ... highlight=


Thank you.

Regards,
Indran

[Confused81]

Dear all,

I have some slight problem regarding my situation.
Kindly refer to the facts below:

1) Entered UK with my husband in June 2009 as PBS Dependant visa.
2) Both renewed PBS visa in June 2012.
3) Husband will qualify for ILR in June 2014.

Problem:
As a wife, stayed in UK since 2009 under PBS dependant.
Left UK in March 2013 - August 2013 (5 months gap) due to family member being critically ill.

Question:
Can I still submit as PBS dependant for ILR application together with my husband in June 2014? Will the 5 months gap affect his chances of getting ILR even if they reject my application on the basis of the gap?

Since the new ruling before July 2012 I must satisfy 2 years before ILR.
Does the 2 years mean backdating from the date of ILR submission or starting from the date I entered UK in 2009?