Eligibility of ILR for Spouse and Child (Tier 1 G Dependent)

[ddkuk]

I came to UK on a Tier 1 (General) Migrant visa in November 2011 and I have been granted ILR a week ago (October 2016). This query is regarding my dependents (Spouse and Child).

1. Spouse - My spouse has been granted her first Tier 1 (General) Dependent visa in March 2012. But she came to UK once in August 2012 (for visiting me) and later in December 2012 (to permanently reside with me). Later she had 2 extensions (both under Tier 1 (General) Dependent and as my dependent).

2. Child - My kid has been granted Tier 1 (General) Dependent visa in May 2013 (he was born in 2010 outside UK and under 18 years now) and came to UK in July 2013 (He was staying with grand parents outside UK until then). Later he had 1 extension (Tier 1 (General) Dependent and as my dependent).

The following is my assumption:
1. Spouse can apply for ILR according to the 2 year rule since she has been granted her first Tier 1 (General) Dependent visa in March 2012 (Before July 2012 when rules got changed and 5 year rule got introduced).
2. Child can apply for ILR since both parents have or will be granted ILR (even though Child got his first visa after July 2012 when the 5 year rule got introduced).

Both Spouse and Child does not have any significant absences after they arrived in UK. So spouse resided in UK for nearly 4 years (from December 2012) and child has been in UK for nearly 3.5 years (from July 2013).

But when I called Home Office recently, they told me that my wife can apply for ILR but not my kid, which is surprising.

Could some one comment on this please and also confirm if my wife can apply for ILR now (under 2 year rule).

[spzenthil]

Hi,

Yes your wife is eligible to apply for ILR as well as your child.

sometimes the customer service of home office can be misleading, if you try calling again you might get a different answer.

Make sure all other relevant documents/criteria for ILR met (Life in UK test for ur wife, english language requirement, etc)

Thanks,
-Senthil

[ddkuk]

Thanks a lot Senthil.

I also posted a FOI request. But no response until now. Its a shame that they don't respond to any mails as before and I can see only phone numbers now. Could you please let me know if there is any mail to which I can send my queries to. Wanted to have a printed evidence before applying for my child.

[CR001]

See Dependents of ILR economic 5 year route applicants (click)

Your wife is under the pre July 2012 rules and only requires 2 years residence to qualify for ILR. Child can apply with mother.