Tier 2 dependant separate ILR application

[polani]

Hi Moderators/Helpers,

I have seen some of the posts here closely related to my wife's case. However, she is applying for ILR in a separate application because i have already got my ILR in Sep 2014. She first arrived in UK in Sep 2012 but she had to spent 13 months in India due to maternity. She returned to UK in Mar 2014 and she is here since then.

Given that she is going to be the sole applicant, i would like to get few thing clarified before proceeding further.

Does she have to fill section 5 at all?
Is section 6.2 and 7.13 relevant for dependents (sole applicant)?
Given that she was outside UK for 13 months, 180 days rule applies to dependents(sole applicant) as well?
would it make her ineligible?

In some of the posts it is advised that cohabitation letters are not required if the dependent is on a separate application. However, i might have only 2 common letters but can produce various letters of her own. Can you please clarify the importance of this?

Any help you could provide on this matter will be highly appreciated.

Thanks,
Polani

[CR001]

The rules for PBS Dependents absence have changed and absences of 180 days or more breaks continuity of residence.

See the links in vinny's response below.

http://www.immigrationboards.com/uk-tie ... l#p1441306

[polani]

Thank you CR001,

There is a lot of content to go through. I will definitely go though the links.
Could you please let me know if she would be able to qualify for ILR again after completing 5 years from the date of reentry (Mar 2014)?

Also, my naturalization application is in progress. Would it make any difference once i get my UK citizenship?

Thanks,
Polani

[CR001]

Thank you CR001,

There is a lot of content to go through. I will definitely go though the links.
Could you please let me know if she would be able to qualify for ILR again after completing 5 years from the date of reentry (Mar 2014)? Yes, provided she meets the requirements.

Also, my naturalization application is in progress. Would it make any difference once i get my UK citizenship? No

Thanks,
Polani

[vinny]

New Update! Previous changes to be deleted!

[polani]

Vinny, Really appreciate for getting back to this old thread with an update!

If I interpret the below section correctly, having the reference to section 245AAA being removed, the applicant has to stay most of the 5 year period in UK as dependent and 180 day rule is no longer applicable?

Under section 319E (d) (ii)
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

Thanks,
Polani

[polani]

Hi,
Can any senior/expert summarize the impact of these changes please?
it will be much appreciated

Thanks,
Jyothi Polani

[polani]

Hi,

Every time i look at the forum, there are changes to the rules.

So bringing this question again. I appreciate if you can kindly clarify.

I am a British Citizen via Tier 2 ICT.

My Wife was first entered UK on 10th Sep 2012
and Returned to India on 10th Feb 2013 for maternity
Entered UK on 1st March 2014
Dependent visa extension July 2014 valid until Jul 2019

With the recent changes in rules, is she eligible for ILR as of today?
Or should she wait until March 2019?

Thanks in advance

[CR001]

Did she apply for a new visa before returning to the UK in 2014??

[polani]

No, but her visa was transferred to new passport (because of change in Last Name)

thanks,
polani

[polani]

Any comments please?

[polani]

Hi CR001,

Can you please clarify?

thanks,
polani

[CR001]

If she did not apply for a new entry clearance visa and the visa was still the same one she left the UK with, then she should be fine for ILR.

[polani]

Thank you CR001,
I am glad to know that and it is relieving!
Much appreciated

Regards,
Polani