Period of absence for dependent

[KD1]

Hi,

My UK visa history is:
- Entered UK for the first time in May 2007 on a Work Permit
- Switched to Tier 1 General on 15th October 2009 (date of leave on passport)
- Current Tier 1 expires on 15th October 2012 (my wife is on a dependent Tier 1 with the same expiry date)

I think I do qualify for applying for ILR from May 2012 and my own absences personal and work have been less than 180 days over the 5 year period.

However, my wife who will complete the 5 year period in July 2012 (as she joined me later) has more than 180 days of absence in her 5 year period.

Is it then advisable to apply for ILR for myself in this case? What happens to her visa status in this case?

Or is it recommended that we get an extension on Tier 1 and the apply for ILR in two years time?

Any advise is appreciated.

[vinny]

Wife requires only at least two years, not 5 years, living with you in the UK.

[KD1]

Hi Vinny,

Is this really the case where my wife's period of time considered for the ILR will be the last two years and not the last 5 years?

I spoke with an agent in the UKBA today morning and they said that the same eligibility criteria applies for her as it does for me.

If what you say is true then in the last 2 years she would not have been outside the UK for more than 180 days and therefore we would be eligible for ILR.

Please could you confirm if my understanding is correct.

[vinny]

Do click on my given links for more info.

[KD1]

Thanks again Vinny.
I just read through the links you sent and while it seems that dependants ILR application is based on her staying with me for the last two years, one of the points also states:

they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;

Would the general grounds for refusal check how many days of absence she had from the UK over the last 5 years or would everything for her be considered for the last 2 years only?

[Lucapooka]

General grounds for refusal

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

[vinny]

Note also that there is a difference between "least" and "last". The latter is not a requirement of 319E(d).