ILR Eligibility

[Rockey2016]

Hi,

I had a query regarding eligibility of my wife's ILR.

My wife has got her Tier-2 General dependent visa stamped on 27-March-2012 and she first arrived in UK on 24-April-2012.
She went to India for 60 days in 2013.

Then she went as follows,
20-March-2014 to 06-Oct-2014 [201 days, pregnancy]
08-July-2015 to 02-Jan-2016 [179 days]


Now the problem is, I am becoming eligible for ILR in July 2016, as my wife's visa was stamped before June 2012, she should have lived here for at lease 2 years time for becoming eligible for ILR (as a dependent).

So, can I include her in my ILR application which due in July 2016 if not then when she will be eligible?

Similarly, my daughter is born in India (12-June-14) and then arrived for the first time in UK on 06-Oct-2014. Since then she has only been to India once, 08-July-2015 to 02-Jan-2016 [179 days], when she becomes eligible?

Many Thanks
Rockey.

[CR001]

They can both apply with you.

[Rockey2016]

Thanks for the reply. But as my wife has broken the 180 days rule for continuous period (she was away for 201 days for her pregnancy), will it not cause any problems?

[CR001]

The 180 days applies to the main applicant NOT to dependents.

You will have to provide proof of subsisting relationship for the last absence.

[Rockey2016]

I have contacted UKVI helpline () twice and explained them the scenario.

Both times they replied that as your wife has broken the continuity period (201 days for pregnancy) she has to complete the 5 years time to apply for ILR.

so as she entered last time on 06-Oct-2014 (after 201 days outside UK), she is eligible for ILR on 06-Oct-2019 (if she doesnt break the continuity period again).

Now I am confused that whether I include her in my application or wait until Oct-2019? Any guidance please

Many Thanks
Rockey

[CR001]

HO call centre is well known for giving out incorrect information.

If you have evidence of subsisting marriage and communication, it should not be an issue.

Did her visa expire while she was in India for delivery and then she applied for a new entry clearance? Easier if you list the visa start/end dates.

[Rockey2016]

Thanks for prompt reply.

Her visa wasn't expired when she was in India.

The visa dates are:

My wife has got her Tier-2 General dependent visa stamped on 27-March-2012
first arrived in UK on 24-April-2012.
She went to India for 60 days in year 2013
20-March-2014 to 06-Oct-2014 [201 days, pregnancy]
08-July-2015 to 02-Jan-2016 [179 days]

got Tier-2 General dependent visa extension in Oct-2013
then I changed sponsor so issued 'change of sponsor' (new BRP only) in Feb-2015
again I changed my sponsor and issued new 'change of sponsor' (new BRP only) in May 2015

Overall, the Tier-2 General dependent visa has been stamped only once on her passport, later whenver we extended or changed the sponsors, she got new BRPs.

Thanks.

[Rockey2016]

Hi all, any feedback or guidance on above will be a great help.

Thanks
Rockey

[Rockey2016]

Hi, It would be a great help if anyone can address above query please.

Thanks.