ILR For Dependent/partner - 5 years rule

[bbreddy]

Hi all,

I would like to take your views on the below and clarify what exactly it means:

o they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

Does it mean 5 years from the time she first entered the UK? Or 5 years she is physically present in the UK – therefore excludes any days spent outside the UK? Or 5 years in the most current visa?

What are the max days allowed to be outside the UK during those years?

my wife first entered in the UK in July 2013 and left to our home country in Oct 2014. She came back to the UK in Jan 2016. Between Oct’14 and Jan’16 I changed my Tier 2 visa twice but she hasn’t had her dependent visa updated to my new visa after each change.

Can you pls advise when will her 5 years start? Will the time spent outside the UK count?

Many thanks

[CR001]

It will start on the date she entered the UK.

You would need to provided evidence of subsisting marriage. Absences should be limited and for good reason, there is no real limit for dependents.

Does she still have a valid visa?

You have posted your query in the Tier 1 General visa. Do you hold Tier 2 G? What visa does she hold if she still has valid visa?

[bbreddy]

Sorry for posting in Tier 1. Am on Tier 2 General visa.

Yes, she also has a visa, valid until Oct'18. She left the UK for delivery of our first child.

If all goes well I will be eligible for ILR in Nov'17. So can she apply for ILR as well in Jul'18? or does she need to apply as my ILR Partner in Oct 2018?

[CR001]

Should be fine to apply for her in July 2018.

[bbreddy]

Thank you for your view.

I had an informal chat with a lawyer over the weekend on this topic.

He wondered whether the "break" in my wife's visa (for about 6 months) will be of any issue? Has anyone experienced this kind of situation before?