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ILR for Tier-1 dependent

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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MNB_26
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Posts: 42
Joined: Mon Apr 14, 2014 2:27 pm
India

ILR for Tier-1 dependent

Post by MNB_26 » Thu Aug 25, 2016 11:33 am

Hi All ,

I have a small query with my wife's (who is on Tier-1 dependent visa (5YR RULE) continuous period of stay for her ILR Application . She entered UK on 31st of May 2014 and will be eligible for ILR in 2019 May . The issue is she will be away for 6 months from UK from 21st of JAN 2017 to 23 JULY 2017 and it counts 182 days away from UK .
was wondering does it break continuous period of residency rule ?

31 MAY 2014 - 31 MAY 2015
31 MAY 2015 - 31 MAY 2016
31 MAY 2016 - 31 MAY 2017
31 MAY 2017 - 31 MAY 2018
31 MAY 2018 - 31 MAY 2019

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: ILR for Tier-1 dependent

Post by CR001 » Thu Aug 25, 2016 11:53 am

Not an issue but be sure to maintain evidence of contact and subsisting marriage.

180 days absence is not relevant to PBS dependents.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

MNB_26
Newbie
Posts: 42
Joined: Mon Apr 14, 2014 2:27 pm
India

Re: ILR for Tier-1 dependent

Post by MNB_26 » Thu Aug 25, 2016 12:14 pm

Thanks for swift reply ...have one more doubt I've got my BC in June 2016 and was wondering whether can my wife apply directly for BC straight after she gets ILR .

MNB_26
Newbie
Posts: 42
Joined: Mon Apr 14, 2014 2:27 pm
India

Re: ILR for Tier-1 dependent

Post by MNB_26 » Thu Aug 25, 2016 12:16 pm

CR001 wrote:Not an issue but be sure to maintain evidence of contact and subsisting marriage.

180 days absence is not relevant to PBS dependents.

and also what should evidence do i need to show them for evidence of contact and subsisting marriage.

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR for Tier-1 dependent

Post by secret.simon » Thu Aug 25, 2016 12:33 pm

MNB_26 wrote:Thanks for swift reply ...have one more doubt I've got my BC in June 2016 and was wondering whether can my wife apply directly for BC straight after she gets ILR .
Yes, provided she meets the three years absence requirements (no more than 270 days in 3 years and 90 days in the last year and being physicaly present in the UK three years to the day before the date of application).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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