Dependant lived outside UK for one year

[sohail_mr]

Hi

I am on Tier 1 General extension (5th year running) and I will be applying for ILR in first week of July 2012 as my current leave expires in last week of July 2012.

My wife had her visa (as my dependant) issued in Oct 2009 in India and she came over to UK in Oct 2009. However, she went back to India in Feb 2011 for one year (after living in UK for 16 months) and finally came back feb 2012. This would make her total stay in UK as 20 months before her dependant visa expires in July 2012.

Question:
Can my wife apply for ILR together with me in July 2012?
Does she needs to complete two years in UK before applying for ILR? If yes, then does she needs to apply for some other extension before she is eligible for ILR?

PS: In July 2012, her total stay in UK would be 20+ months, but she held the dependant visa for almost 3 years.

Many Thanks
Sohail

[QuickSam]

She can apply at the same time as yourself.

I don't think there would be any problem but if you still have doubts, explain the reason for her stay in India in a cover letter.

[sohail_mr]

Thanks.

Can we check this with homeOffice directly? Are you aware of any contact details ?

[QuickSam]

0870 606 7766

[silent_warrior]

Hi

Question:
Can my wife apply for ILR together with me in July 2012?
Does she needs to complete two years in UK before applying for ILR? If yes, then does she needs to apply for some other extension before she is eligible for ILR?

PS: In July 2012, her total stay in UK would be 20+ months, but she held the dependant visa for almost 3 years.

Many Thanks
Sohail

It will be useful to check this link
http://www.ukba.homeoffice.gov.uk/visas ... ependants/
and
http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made; and

(h) The applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.