Tier 1 dependant visa extension with long break

[Ramanji]

Hi All,

I am in a tricky situation. Please help.
I got my British citizenship in August 2016.

My wife came as Tier 1 dependant in July 2010 gone back to India in May 2012 (after 1 year 10months stay).

She came back to the UK with NEW Tier 1 dependant visa in November 2013 and went back again to India in October 2015 (after 1 years and 11months stay). Her visa was extended in the UK on 30th October 2014.

Now her visa expires on October 30th 2017. We have decided to make UK our home and hence she is coming back to the UK on September 16th 2017.

Please advice me whether she should get her Tier 1 dependent visa extended or dependant of British citizen or any other visa or can she apply for ILR now.
I am totally confused and would appreciate any help.

Additional info: I was out of UK from 27th Dec 2016 to 29th May 2017.

Regards,
Ramanji

[CR001]

There is no absence limit for PBS dependants. It does however see, from what you have posted, that she has not really resided in the UK but used the visa as a 'visitor visa'.

From Oct 2014 extension, how long has she resided in the UK?

What evidence do you have that the marriage is subsisting?

[Ramanji]

Thanks for responding CR001.

My wife has stayed in the UK for 1 year after Oct 2014 extension.
Before Oct 2014 extension she has stayed in the UK for 1 year.

With first tier dependent visa she has stayed for 1year 11 months.

The evidence for my marriage subsisting is that I almost call her every day on Skype (don't know whether I can use t as evidence). And also I visited her twice a year in 2016 ad recently I was with her for 5 months in India in 2017 from Jan to May.

Please let me know your thoughts.

[CR001]

As long as none of her 'extension' were applied for outside the UK, she should be fine for ILR.

[Ramanji]

Hi CR001,
As I have mentioned in my first post
She came back to the UK with NEW Tier 1 dependant visa in November 2013 and this new application was made in India.
I think because she applied for new Tier 1 dependent visa and came in November 2013 she will be eligible for Ilr in November 2018. Please correct me if I am incorrect or missing your point.

Thanks again.

[CR001]

Sorry, yes you are correct. She needs 5 years residence.