Tier 1 (General) - Dependant ILR

[v_2murlm]

Hello All,

This is my first query on this board. Thanks in advance for all your help.

I have a query for which I have received conflicting information from immigration lawyers & friends. I even read almost all the documentation on UKBA sites but couldn't get a clear answer so thought of trying this forum.

I have been in U.K. since 2008 on Tier 1 (General) and I am eligible for ILR in August 2013. My wife joined me a week after I came here so she is literally living with me from Day 1. She was even working here for 2 years but had quit after our first child. She has been to India in 2011 for 88 days from Sep to Dec 2011 and then for 242 days from May 2012 to January 2013. So total of 370 days in last 2 years.

My friends told me that her ILR applicaiton could run into problem so I started checking the UKBA SET (O) form and guidance notes but it doesn't specify any residency requirement for dependants but only for main applicant. Also, it specifiies Co habitation proof for 2 years which I have as I have been receiving her letters even when she was in our home country.

Could someone throw light on if there is going to be an issue with her ILR or not because I can't get my heads around the fact that if they give me (the main applicant) an ILR , how can they deny it to my Wife. What visa she will be on then?

Thanks once again.

Regards

M.Menon