Tier1 General Dependant ILR

[apocolypto]

Hi All,

Thank you for reading this post and hopefully for helping me too.

I am current on Tier1 General and will be eligible for ILR on 12/03/2014.

My wife was given Tier 1 General dependent Visa on 28/02/2012 expiring on 12/03/2014 from Pakistan. She came to UK on 04/04/2013.

I know she qualifies for ILR based on two years stay rule. My question is:

a) Are these two year worked out based on dependent Visa issued date? i.e. 28/02/2012 to 12/03/2012 ... which makes is just over two years and we are fine.
b) Or .. these two years are counted from when my wife entered UK? i.e. 04/04/2012 to 12/03/2012 ... which makes it about just under 2 years. About 1 year , 11 months and 8 days and we are in trouble.

If the verdict is case B and she will be in UK for about 20 days less than 2 years then what will be coarse of action when her visa expires?

What do I need to do? its very very close .. and I really hope that UKBA takes the visa issue date into consideration which means I can apply for both of our ILRs together.

Look forward to hearing from you.

Thanks,

[hsyasin]

I really think, its when ur wife entered the uk as T1D. So that is when her ilr period starts.
I'm not sure, but u might need to apply an extension for ur wife, but let an expert answer on this.

I'm in worst condition, as my wife will be applying T1D this month and i read that she'll need to stay here for 5yrs in order to be eligible for ilr, whereas I'll get ilr in 2016.

[apocolypto]

Thanks Hammad. I have been told by some one that its not completely 2 years my wife has to spend in this country to be eligible for ILR. Its 1 year 11 months as you can apply 28 months before. But that was not an "expert" source. Thats why I wanted to put it up on the board to see what other expert think.

As far as your situation goes yes it sucks to wait for 5 years for your wife's ILR. This is one of those needless changes UKBA introduced .. I hope its for the best.

Please can any one else shed some light on this?

Many Thanks,

I really think, its when ur wife entered the uk as T1D. So that is when her ilr period starts.
I'm not sure, but u might need to apply an extension for ur wife, but let an expert answer on this.

I'm in worst condition, as my wife will be applying T1D this month and i read that she'll need to stay here for 5yrs in order to be eligible for ilr, whereas I'll get ilr in 2016.

[developer101]

Hi. You have mentioned your wife got T1 dependent from Pakistan. How long it takes to get from Pakistan?

I will apply for my wife soon. My salary is 35k. Is it easy to get dependent visa?

[developer101]

For your issue I think your wife can be absent from UK for some time.
But I heard it has to be 2 years.

[kashifmasud]

its very interesting, I am no expert but in normal circumstances you are allowed to apply within 28 days so I suppose your wife should be considered for ILR. I recommend fill out both application forms for ILR and dependent and try to fight for ILR first if case worker say it cant be done then may be handover the dependent application form instead..

[apocolypto]

Thanks Kashif,

I really hope thats the case as you know applying for her extension .. documentation and FEES ... makes it such a big hassle ..

Due to the lack of an expert opinion I must say I am feeling a bid disappointed ... Can some one please let me know what is that I need to do?

Thanks,