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balaach wrote:Hi All,
I arrived in the UK in 2008 on HSMP. My wife and son joined me as my/HSMP dependants in the same year.
We all got converted to Tier 1 (General) and dependants in 2010, valid until Feb 2013.
However I got posted in Middle East in 2010 and travelled in and out of the UK a lot. During this time my wife and son were living abroad (from early 2010 till Jul 2013). In Feb 2013, their leave expired while they were still abroad. I applied for their leave from abroad in Jun 2013 (again as my/Tier 1 Gen dependants) and all three of us returned to the UK in Jul 2013. They have been in the UK since except for a couple of short holiday related absences.
I got my ILR in 2013 and they are still on my Tier 1 (General) dependant visa.
I would like to know if:
A) My wife can apply for ILR now since she was granted visa as my dependant in 2008 and we have been living in the UK since Jul 2013 (2 years +), even though there was a break in their visa from Feb to Jun 2013. OR
B) Must we wait for her to complete 5 years as per the rules introduced on 9 Jul 2012.
I am not sure if section 3.1.5 in the transitional doc referenced below would adversely affect me.
https://www.gov.uk/government/uploads/s ... _final.pdf
Please note section 4.3 b of the same document.
Appreciate your help!
Cheers