Dependant's eligibility for ILR

[jaffareddy]

Dear Moderators/Gurus/Fellow colleagues

I need some advice regarding eligibility of ILR for my wife.

Situation:I am currently on ILR since November 2012, previously on Tier 1 General. My wife came to uk as my pbs dependant in March 2011, she extended her visa as PBS dependant last November with me since she did not finish her qualifying stay of 2 years.

she went to India for 7 months between September 2011 - April 2012 to do some IT courses and part time job

Question: Will the 7 month gap be an issue?

Will she be eligible for ilr in

March 2013 (2 years from march 2011)?

or

September 2013 (total stay of 2 years after not counting her time in India from march 2011)

or

April 2014 (continous 2 years since her return to UK from April 2012)

Please shed your thoughts/advice?

many thanks in advance

[dhiru23]

As long as she fulfils LIUK test & other requirements, that 7 monht gap should not be an issue.

Best would be to call up UKBA once to confirm, but to best of my knowledge there is no limitation of no of days for the dependents as such.

[onabanjo]

That is Bad advise.

If your wife came to uk in March 2011 and and for some reasons,she travelled out of the country during her qualifying period which unexpectedly is Mach 2013.

If your wife dependant Visa is still about a year more beyond 2013, i will probably agree with the advice earlier given because the 2 years rule is not a continuous one.

Succinctly and to answer your questions as asked, The seven months absence WILL definitely affect it. What will happen after the expiration of the visa is to apply for further leave to remain in UK (FLR) for her

[onabanjo]

She will extend her stay by applying for further leave to remain (FLR) afterb Visa expires in March 2011 BUT she qualifies for ILR in September 2013

[jaffareddy]

Dear onabanjo & dhiru23

Thank you very much for your replies.

onabanjo: She currently has visa until end of 2014 as she already extended her visa last year as my pbs dependant, so you recommend me to wait until sept 2013 and then apply for ILR ?

dhiru23: I was thinking in the same way as you as i could not find any limit on absenses within the 2 year period in the ukba website , i did try to call ukba several times but no success yet.

[vinny]

Hello

I used to have tier-1 general visa until last year and now i am on ILR.

My wife is still on tier-1 general dependant pbs visa and she has two more years on it since she recently extended her visa(since she did complete the 2year rule).

my question is: will my wife have any issues if she goes in and out of the country (as i am on ilr now and she is still on tier 1 general dependant?)

sorry, if this topic has been covered elsewhere.

many thanks in advance

jaffa

She should be okay.

[ilrdep]

As Vinny said she should be okay