ILR for dependent with not continuos 2 yrs period

[rizzu155]

Hello there,

Me and my wife in a sitauation , I've completed my 5 years this yr March and eligible to apply ILR however my wife arrived in UK in Oct 2011 on dependent visa and left in Nov 2012 for baby delivery, then wifey and kid applied for dependent visa and arrived in may 2013 and they are with me since then.

To be honest I am not clear with the rule which have been put in place in July 2012 which say...

You must have been given a partner visa and been living with your partner in the UK for at least:
* 2 years if you applied for that visa before 9 July 2012
* 5 years if you applied for that visa on or after 9 July 2012


Experts .. Could someone clarify here if my dependent can be considered 2 yrs completed if count the entire stay in UK ? or gap between Nov 2012 and May 2013 affect us and clock has been reset and now she would complete 2 yrs in May 2015 ?

Also what would be best in interest for my kid ? does she will fall in the same situation and needs to complete 2 yrs for ILR eligibilty ?

Thanks in advance

[rizzu155]

Experts & moderator .. appreciate your replies thanks

[rizzu155]

Please anyone ??

[rizzu155]

Please anyone ???

[rizzu155]

Hello there,

Me and my wife in a sitauation , I've completed my 5 years this yr March and eligible to apply ILR however my wife arrived in UK in Oct 2011 on dependent visa and left in Nov 2012 for baby delivery, then wifey and kid applied for dependent visa and arrived in may 2013 and they are with me since then.

To be honest I am not clear with the rule which have been put in place in July 2012 which say...

You must have been given a partner visa and been living with your partner in the UK for at least:
* 2 years if you applied for that visa before 9 July 2012
* 5 years if you applied for that visa on or after 9 July 2012


Experts .. Could someone clarify here if my dependent can be considered 2 yrs completed if count the entire stay in UK ? or gap between Nov 2012 and May 2013 affect us and clock has been reset and now she would complete 2 yrs in May 2015 ?

Also what would be best in interest for my kid ? does she will fall in the same situation and needs to complete 2 yrs for ILR eligibilty ?

Thanks in advance

During her absence between Nov 2012 and May 2013, her visa was expired in Feb 2013 and she applied for another entry clearance in the same category and that was granted from May 2013. Please help me with difficult situation as I am unable to decide if I should put the application or not which also affect my Child's ILR too.

[vinny]

I'm afraid that her continuous leave may have been broken.

[rizzu155]

I'm afraid that her continuous leave may have been broken.

I have called solicitor and also called Home office they are saying there are 50% chances she could apply and get through same time, But I need to give proper reason to support the the gap and visa re-issue. Please expert any suggestion?

[rizzu155]

Experts Please advise