ILR eligibility

[veera123]

Hi Guys,

Please can someone clarify whether we are eligible for ILR in Feb 2013:


Main applicant:
-------------------

WP - 21st-Aug-2006 to 21st Aug 2008 ( I was away for 150 days - 30th Sep 2007 to 01st Mar 2008, counting ILR period from 01st Mar 2008)
WP - 27th Aug 2008 to 21st Aug 2009
Tier1 G - 26th Jun 2009 to 26th Jun 2012
Tier1 G (extn) - 12th Mar 2012 to 12th Mar 2014


Total number of absences: 145 days (from 01st Mar 2008)


Wife:
------

WP - 27th Nov 2007 to 27th Nov 2009
Tier1 G - 03rd Nov 2009 to 03rd Nov 2012 ( was away from 26th Jun 2011 to 12th May 2012)
Tier1 G - dependent: 13th Apr 2012 - 12th Mar 2014 (came to UK on 12th May 2012)

We are staying together since 1st Mar 2008 (except 26th Jun 2011 to 12th May 2012, she was in India during this period). We have supporting documents from Aug 2008 to Jun 2011 and from 15th May 2012 until now.

Child:
-------

Born in India (2011)

Tier1 G - dependent: 13th Apr 2012 - 12th Mar 2014 (came to UK on 12th May 2012)


Can we all apply for ILR in Feb 2013 or should I apply for ILR first and get FLR(M) for wife and child immediately after that?


Many thanks in Advance
Veera

[veera123]

Hi Senior members,

I have read the below link before posting the above query:

FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting [url](http://www.immigrationboards.com/viewtopic.php?t=79378)[/url]

As per the Q12, the two years qualifying period for dependent is need not be as a "dependant".

Please can some one confirm the below:
a). Whether WP, Tier1 G can be included in this qualifying period or not?

b). Is child born abroad is eligible for ILR with main applicant irrespective of number of years spent in UK?

Many thanks
Veera

[veera123]

Hi Senior members,

Can some one please suggest about ILR eligibility for my wife and son.

Can they apply for ILR along with me or should they get FLR(M) first and then apply for ILR.

[wpilr_nov12]

Answers to your two questions (2 posts up)

A. Based on Immigration Rules, Yes.
B. Yes.

[veera123]

Hi wpilr_nov12,

Thanks for update.

Can you please confirm the immigration rule to support my wife's eligibility.

I am bit confused about continuous leave as a partner of PBS migrant mentioned in 319E (d) (i).


Thanks
Veera

[wpilr_nov12]

319E.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant,

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years


What is not clear that you would like clarified? Please do not hesitate to ask.

[veera123]

"under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years".

Is the above statement refers to a continuous stay of 2 years as a PBS dependent?

or is it just:

" - cohabitation for 2 years (under any category)
- is a dependent at the time of ILR application "


Thanks
Veera

[wpilr_nov12]

If you take out the words between two commas, the meaning will be clearer.

Also see rule 11 at http://m.grammarbook.com/punctuation-rules/commas.aspx

What it is saying is that If the dependent visa was last issued prior to July 9, 2012, and there has been no change to that visa
, the requirement is 2 years.

[veera123]

Hi wpilr_nov12,

Thanks for the information.

I will keep a print out of these rule for my appointment.


Regards,
Veera

[veera123]

Hi wpilr_nov12,

Thanks for your suggestions.

Our ILR application is successful today at Croydon PEO.

I was bit spectical about my dependants eligibility.


I have updated below link with more details about the appointment:

http://www.immigrationboards.com/viewto ... highlight=


Thanks,
Veera123

[wpilr_nov12]

Congratulations... keep doing good in this world and good comes back to you....