Dependent ILR Application

[alibaba16]

It would be great if someone could pitch in for advise.

My Current Visa Category : Tier 1(General) - valid till March 2016 in (2+3 year scheme)
Spouse - PBS Dependent initial visa issue date : Feb 2012 (from india) but her entry clearance was in September 2012 and living in UK with me since then.

ILR Due Date : March 2016

Reference to 9th July 2012 rule :
http://www.ukba.homeoffice.gov.uk/sitec ... family-mig
http://www.ukba.homeoffice.gov.uk/sitec ... 65-fam-set

Query :
1. Which rule will apple on her (2 year or 5 year)
2. Can I apply ILR for my wife given the rules have changed for 9th July 2012 and her visa was issued in Feb 2012 ?
If not then in what category could I apply her visa given my settlement decision would be concurrently apply ?

Thanks in Advance for your kind responses.

Cheers.

[vinny]

Spouse - PBS Dependent initial visa issue date : Feb 2012 (from india) but her entry clearance was in September 2012 and living in UK with me since then.

Explain more about your wife's entry clearance in September 2012? Did you mean 2011?

[alibaba16]

Hi

Thanks for your reply, basically she has applied for initial visa application as Tier 1 General Dependent in January 2012 and received visa in February 2012 from India. But came to uk in September 2012.
"So when she can apply for ILR?



Cheers

[vinny]

She may be included in your SET(O) application, subject to 319E, including KOLL, etc.

[alibaba16]

Hi

Thank you for your answer, can you please explain me a bit more, as one of solicter told me that visa period count from date of entry in UK not date of initial application if you are applying from out of country."

But according to my understanding there is nothing written like this in 319E" I am still confused

Please advise


Cheers

[vinny]

Her entry clearance (leave to enter - 25A) was granted In Feb 2012, under the rules in place prior to 9th July 2012. It doesn't matter if she arrived after 9th July 2012. If she has been in the UK since Sept 2012, then that is over 2 years. So, she should be eligible for ILR under 319E with you. Don't forget her KOLL.

[alibaba16]

Thankyou for your reply, its all explained now. I have two more questions.

1. My initial Tier 1 General visa was issued on 31 Jan 2011 till 31 Jan 2013 but my extention of Tier 1 General visa was issued on 13 Mar 2013 to 13 Mar 2016.
**when can i apply for ILR?***

2. My baby born in UK in 2013 but has dependent visa,
**Do I need to apply for ILR with me or not?**

Many Thanks in advance

[vinny]

1. See also FAQ. When did you initially enter the UK on your Tier 1 (General) visa?

2. UK-born baby may skip ILR. UK-born baby will be entitled to register directly, immediately after a parent is granted ILR.

[alibaba16]

Hi

I have switched my visa from post study work to Tier 1 General while I was living in UK at that time. I am in UK since OCT 2006.
Please advise

Regards

[vinny]

You may apply for ILR from Monday, 4 January 2016 and preferably before your leave expires.

[alibaba16]

Thank you very much

[pavankpb]

Hi

I have a further question on this

My wife went on maternity leave to india just before the first extention was due in 2012 (she had completed 2 years in UK from Oct 2010 to Oct 2012), later she applied for an entry clearance in india (again) in Feb 2013 and got it

The question is does the 2 year rule apply for the first time entry or subsequent entry?

Note:
She has been in employment in all this while (paid leave during maternity) , she came back in July 2013 after maternity.

Can she apply for ILR along with me in June 2015?