ILR for dependants.

[avi2407]

Hi

I am trying to apply ILR for my wife's and kid. Stamping and travel dates of my wife are as given below. I was holding Tier 1 (General) and received on IKR on07/07/2016.

Can some one tell us whether she is eligible for IKR via the 2 year route.
As per this link two years in UK is the eligibility criteria and not 5.
For the kid I believe it's straight forward since he is 5 year old.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

1st Visa Stamped : 06/02/2011 till 11/09/2012
1st Entry to UK : 29/07/2011

1st Travel ( Family Visit ) 15th July 2012
Return 31st Aug 2012

2nd Travel (Delivery) 28th May 2013
Return 19th May 2014

Visa validity : 16/11/2015 - 06/01/2018

Thanks,
Avinash

[vinny]

She should be okay if she has continuous leave (not as a visitor) since 2011.

[avi2407]

Thanks.

What does continuous leave mean? I looked at the links, definition is vague. She was definitely not a visitor and visa didn't lapse, it was always renewed.

Thanks
Avinash

[vinny]

She should be okay if she always extended in-time in the UK.

[avi2407]

Well, it was always renewed in UK. During the last renewal, there was a problem with the 90 day bank statement. It was refused, so we reapplied again. This how the last 5 years look like.

Visa Type Valid From Valid Until Place of Issue
Tier 1 (General) Partner 06/02/2011 11/09/2012 Chennai/Madras
PBS DEPENDANT Leave to Remain 06/09/2012 11/09/2015 UK
PBS DEPENDANT Leave to Remain 16/11/2015 06/01/2018 UK << Refused, documents were retained, but we were given time to reapply or ask to for return of docs and we did submit the right bank statement which was accepted.

Does it still qualify under the 2 years route since the date of first application was before 9 July 2015?

Thanks,
Avinash

[vinny]

I think that she should still be okay as she responded within the time limit.

[avi2407]

Thanks.

Let me talk to few solicitors and see what they say. Everyone I talk to is suggesting to go for an FLR visa.

Thanks
Avinash.

[vinny]

FLR(M) would be the correct advice, if you had received ILR via the Long Residence category. Else, no.

[avi2407]

Mine was not the long residence IKR. It was the 5 year Tier 1 route.

Thanks, so I can go for the ILR straight away for my wife and kid then.

Thanks
Avinash