Please help - Tier 1 General dependent ILR eligibility check

[venkat2010]

Hi,

I am a tier 1 general visa holder from march 2010 and I am eligible for ILR. I am planning to go for ILR next month.

I am not sure whether my wife is eligible for ILR. Please could you let me know If she is eligible or not.

1) She first got her Tier1 General dependent visa in February 2011. (Valid up to March 2013)
2) She entered UK in March 2011. Stayed in uk until October 2012. (In UK 20 months)
3) Due to medical reasons she has to go to India and stayed there from November 2012 to May 2014.(Visa expired) (In india 19 months)
4) She applied for visa extension in India in April 2014. ( Got visa valid up to March 2015).
5) Entered UK in June 2014, and has been here till date. (Completed 6 months in UK).

Totally she stayed in UK for 2 years 2 months. Her first visa was issued before 9th May 2012 and she entered UK before 9th May 2012. But her visa extension was done in India. Is she eligible to apply for ILR along with me next month?

Please help me.

Thanks,
Venkat.

[haiksuresh]

She was not eligible as her validity was broken. Her eligibility starts from June 2014. She will be eligible to apply ILR some time in June 2019.

Give me exact dates.

Regards,
Suresh

[venkat2010]

Thank you very much for the reply.

Please see the exact dates below.

She got her first tier 1 general dependent visa from India

• Valid From: 20/01/2011
  Valid Until: 01/03/2013
  She lived in UK from 19/03/2011 to 20/08/2012 (17 Months)
  • 22/10/2012 to 06/12/2012 (1.5 months)

She got her tier 1 general dependent extension from India.

• Valid From: 01/04/2014
  Valid Until: 01/03/2015
  She came to UK on 29/07/2014 living here till date (She would complete 6 months by the end of this month)

In total she has completed 2 years in UK. Only thing is her visa was expired on 01/03/2013 and got extended in india on 01/04/2014.

Please could you let me know whether I have to apply for Ilr to her or Tier1 general dependent?

Thanks in advance for your help.
Venkat.

[haiksuresh]

Her continuity was broken she need to wait for 5 years to apply for ilr

[venkat2010]

Thanks for the reply.

Is possible to go for ILR if I submit the emergency medical certificate due to which she was away?

[haiksuresh]

I am not a expert to answer your question. But I believe, for long absences letter will help, But if the visa continuity broken, it will be very difficult. I believe you can consult a solicitor. They might know workaround.

Regards,
Suresh

[venkat2010]

Thank you very much for your reply.