ILR(HSMP+Tier 1 General) Query with Initial Delay of 88 Days

[SonyTinku4ILR]

Hello Members,

Your inputs would be much appreciated in my case.

I have got my Entry Clearance on 10th Mar 2008 but I entered UK on 8th June 2008 that means I arrived UK just in 2 days short of 3 months.

1) I complete 5 years on 10th Mar 2013. Am I eligible for ILR when though I entered UK 88 days after my EC?

In addition I am out of UK for about 120 days during my stay(from 8th June 2008 until now) - Holidays

2) I also have a dependant(not completed 2 years of stay with me) and visa expires on same date as mine which is 10th Mar 2013. Which visa should my spouse go on to once I get my ILR sorted?

Thanks in advance.

[wpilr_nov12]

Reading http://www.immigrationboards.com/viewtopic.php?t=79378 this would clear a lot of things for you.

[SonyTinku4ILR]

I have gone through the topic (http://www.immigrationboards.com/viewtopic.php?t=79378) and found the answers for my queries however I would like Senior Members or someone who had already gone through the similar situation please clarify?

1) I understand from the topic that I can apply for ILR instead of another extension as my delay is within the allowed limit(3 months) and also my holidays 120 not exceed the limit 180 in 5 years. Did I understand correctly?
I also see from other posts that we would need to justify the holidays according to new rules?

2) I understand from the topic that my dependant can extend visa as PBS dependant which is simpler than spouse visa.
I was just looking at PEO and cant see a seperate visa type as PBS dependant instead I can see Tier 1 PBS dependant and which is relevant in case. Am I correct?

[arifahmmed]

SonyTinku4ILR: Before any question you should be specific of your immigration details. Otherwise how could you expect answer that will you like. However this is the law and described here on page 12
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and for spouse after your ILR
http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

[SonyTinku4ILR]

Sorry arifahmmed its my mistake not to mention my immigration status though the post title/subject has it. I am currently on Tier 1 General extended after my initial HSMP.

1) As I understand from new rules I need to justify my absences. In my case all of them(120 days) are holidays so should I just mention them as holidays?

2) I am still not clear about my partner visa. Should I apply for Spouse Visa or PBS Dependant?

[SonyTinku4ILR]

Can anyone please respond?

[Schek]

Hi SonyTinku4ILR,

Your case and dates are almost similar to my present scenario except holidays ( I have spend only 90 days holidays). I don't know much about the question you asked about holidays. But based on the information on this site and also after speaking to UKBA (0870 606 7766) , your wife has to apply for PBS Dependant Visa since she has not completed for 2 years.

Shekar