Help - 180 days away rule and Dependant qualifying period

[Phoenix28]

Thanks everyone who is about to help me with this.

1.
My background:

22 March 2007 - HSMP
03 April 2009 - Tier 1 (G)
24 February 2012 - Appointment for ILR in Croydon

During these five years, I have been away from the UK for 183 days. This figure was calculated with my travel dates (including the day I departed from UK and arrived to UK). Is this correct or should I count only the calendar days that I was not present inside UK?

Eg. I Flew on 23rd February and Entered on 25th February - should this be counted as 1 day away or 3 days away?

All of these days fall under holidays without pay and wedding. So will this be a problem?

2.

My Wife got her Tier1 (G) dependant visa on 06th November 2010. Before that she has spent 2 years as a student and 2 years as Tier 1 (PSW) between 2006 and 2010.

Is she eligible to apply for ILR along with me or should she spend atleast 2 years as my Tier 1 (G) dependant before applying for ILR?

All your help and advise is much appreciated and will be extremely helpful to me in this situation.

Many thanks.[/u]

[Phoenix28]

Went to Croydon PEO to file Set(o) for me & my wife.

Passed the security check and went to the documents checking counter in ground floor.Lady in the counter asked for application & passports and verified whether I've got 12 months bank statements, economically active for the past 5 years and if there's any absence over 90 days in one single trip.

She went through the application and passports and informed all good with me but my wife is not eligible to apply for set(o) as she hasn't completed 2 years under Tier 1 (G) .

I explained to the lady that we are co habitating for the past 3 years and 8 months and the rule doesnt state the dependant needs to complete 2 years under T1(G) Partner.

She was sure in her point and stricked of the dependant details page (page 6) in set(o) application. Gave a token number and asked me to :

*go to first floor and pay just for myself
*then when I see the case worker tell him about this situation
*if he agrees then pay for my depandant

Went to first floor payment counter and told the lady about what happened downstairs and informed that I'm just paying for myself. This lady suggested me to go to 'counter 22 - customer service desk' and ask their advise before making payment.

There was no queue for this counter, so met the Immigratino officer straight away and explained the history and this officer said my wife can appy and asked to proceed with payment for both

Went back to the payment counter and paid for both of us and waited to see the case worker

Had to wait 2 hours for our turn. I had a blank set of application and so replaced the stricken off page 6 with a newly filled one.

Met the case worker and gave all the documents along with photocopies. After running thought the docs he informed, he can consider the application and asked to wait for 30-45 minutes. No questions were asked.

After 45 minutes he called our number again and informed our appication was successful and asked to collect the passpport with ILR stamp in an hour's time.

[vinny]

Congratulations!

In your initial post, you didn't mention that your wife had been cohabiting with you for at least three years in the UK. That was significant.

[thermalboyz]

Great details and process. Thanks for your info and i will be doing the same soon when my WP due in Oct. Cheers

[man4uni]

Firstly Congratulations for your successful ILR!

Sorry just checked your post - You need to count only the days you have been absent from the UK not the travel days... I know it quiet late now, but might help someone else

Once again Congrats!

[LankanFunkin]

man4uni: so just to confirm what you are saying about not counting the travel days... If I left the UK on the 18th of Oct 2011, and returned on the 19th, I should indicate ZERO day out of the UK?