ILR for dependent wife

[cybekpmc]

Hi,

Myself and my wife came to UK in Dec 2005 on WP/WP dependent visa.
In May 2009, I switched my visa from WP to Tier 1 and my wife and daughter(born Oct 2007) to Tier 1 dependent (valid till May 2012).
Also my son born in Dec 2009 is also on Tier 1 Dependent.

Now in Dec 2010 I have completed 5 years in UK, therefore I am eligible for applying an ILR.

I have a doubt in applying my wife's application with me. She was in India for over 6 months(180 days) from Oct 2009-March 2010.

I believe there is a rule for dependent to be in UK and living together for the 2 years.

I want your advice if I can apply ILR for my dependent along with me at the same time or not. Do they check the last 2 years for dependents or will they consider the complete period since 2005?

If not, what are the alternatives.

Many Thanks
Vivek

[cybekpmc]

Senior members please reply and advise on my case

[Gopaalan]

deleted

[cybekpmc]

I have also checked with couple of people in the forum and and immigration consultant. They have advised that it will not be an issue, as she emtred Uk 5 years before as your dependent. They don't check if there are gaps in the dependent's stay. The main applicant 5 year stay is validated and entered in SET(o) form only.

The 2 year clause is important for people who are already settled and now applying spouse visa

Please share any similar situation and the outcome. I'll be applying ILR this month.

Senior members please advise

Many Thanks
Vivek

[ukmigrant2011]

I have also checked with couple of people in the forum and and immigration consultant. They have advised that it will not be an issue, as she emtred Uk 5 years before as your dependent. They don't check if there are gaps in the dependent's stay. The main applicant 5 year stay is validated and entered in SET(o) form only.

The 2 year clause is important for people who are already settled and now applying spouse visa

Please share any similar situation and the outcome. I'll be applying ILR this month.

Senior members please advise

Many Thanks
Vivek

Hi , The Set(O) application form do not ask about the Dependant's out of UK details. I have applied with my dependant who just completed 2 years in UK and with in the two years she was out of UK for around 8-9 months. No questions have been asked by the Case Worker regarding that. All the best.

[Azlan11]

Hi

This querry is about ILR for spouse of Tier1. I hope senior members will reply and share experience.

1. Entered in UK sept 2004 as student ( My wife was a student dependent)
2. Sept 2007 she changed to HSMP and I continued as student
3. Nov 2008 I also changed to HSMP dependent
3. In dec 2009 we both exetnded as Tier 1 till dec 2012 ( Now I am dependent of Tier 1)

I was working full time since Nov 2008 but now have lost the job. I am planning to move to a job in middle east where I have plently of holidays about 3 months a year ( I can visit after every three months for a two weeks).

I wanted to enquire, will if effect my ILR application (or naturalisation)jointly with my family in dec 2012 as I will mostly absent from UK due to taking of job in middle east but will be frequently visiting my family here in UK.

No effect on ILR and naturalisation will help me to make a decision. I have consulted few friends which suggest about 2 years rule and some suggest dependents are excluded from this.

sushdmehta, Vinny and other members I will be grateful for your replies

Azlan

[gidoc]

Azlan11

Your spouse will apply for ILR, with you as a dependent, which should be fine, unless the rules change in 2012. Best to apply at PEO for same day decision. You already have a dependent visa, so do not have to prove anything else.

For Citizenship, you will have to fulfil the residential requirements.