ILR Dependent Query

[deepakborse]

Hello experts,

I came to UK in Feb 2008 on Work Permit. I changed visa category to Tier 1 in May 2009, Then extended Tier 1 visa till May 2014.
So I am currently eligible for the ILR.
I got married in December 2011 and my wife came to UK on existing tier 1 visa (it was due to expire In April 2012).
In April 2012, she changed visa category to Tier 1 dependent which is due to finish in May 2014.

Questions
1. Is she eligible for ILR as a dependent because I am eligible for the ILR? Or she has to complete 2 years in UK with me? Or She has to complete 2 years on dependent visa?
2. Is there any problem if I wait for my ILR till say April 2014 even though I am eligible now?
3. How long do I need to maintain the funds and how much considering I have one dependent applicant with me.

Any inputs will be greatly appreciated. Many thanks.

[Amber]

Hello experts,

I came to UK in Feb 2008 on Work Permit. I changed visa category to Tier 1 in May 2009, Then extended Tier 1 visa till May 2014.
So I am currently eligible for the ILR.
I got married in December 2011 and my wife came to UK on existing tier 1 visa (it was due to expire In April 2012).
In April 2012, she changed visa category to Tier 1 dependent which is due to finish in May 2014.

Questions
1. Is she eligible for ILR as a dependent because I am eligible for the ILR? Or she has to complete 2 years in UK with me? Or She has to complete 2 years on dependent visa?
2. Is there any problem if I wait for my ILR till say April 2014 even though I am eligible now?
3. How long do I need to maintain the funds and how much considering I have one dependent applicant with me.

Any inputs will be greatly appreciated. Many thanks.

1. See Dependants of ILR (economic, 5 year route) applicants

Providing you have valid leave to remain you can apply whenever you want so far as you satisfy the requirements.

[Amber]

Hello,

1. What is the allowed maximum no of absences for Tier 1 dependent applying for ILR? I know for the main applicant it is 180 days in 5 years however couldn't find exact number for the dependent.
So how long a Tier 1 dependent can be out of the UK during 2 years of stay with main applicant before applying for ILR?
2. One of the ILR eligibility criteria for Tier 1 dependent is “you and they have been living together in the UK for at least 2 years in a marriage or civil partnership...” this does not necessarily mean on dependent visa, does it?
Is it ok if partner is on Tier 1 (4 months)+ Tier 1 Dependent (20 months) for the 2 years period?
3. How early can we apply for the Settlement. My wife will complete 2 years in Second week of December 2013 so can i apply 4 weeks before that say 3rd week of November?

Any advice will be a great help. Many thanks in advance.

[deepakborse]

Hello,

1. What is the allowed maximum no of absences for Tier 1 dependent applying for ILR? I know for the main applicant it is 180 days in 5 years however couldn't find exact number for the dependent.
So how long a Tier 1 dependent can be out of the UK during 2 years of stay with main applicant before applying for ILR?
2. One of the ILR eligibility criteria for Tier 1 dependent is “you and they have been living together in the UK for at least 2 years in a marriage or civil partnership...” this does not necessarily mean on dependent visa, does it?
Is it ok if partner is on Tier 1 (4 months)+ Tier 1 Dependent (20 months) for the 2 years period?
3. How early can we apply for the Settlement. My wife will complete 2 years in Second week of December 2013 so can i apply 4 weeks before that say 3rd week of November?

Any advice will be a great help. Many thanks in advance.

[deepakborse]

Any Suggestions??

[Amber]

1. Absences should be limited and for good reason.
2. See 319E(d), at the time of SET(O) the dep must have PBS dep leave but yes, time that dependant has lived with you in the UK in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership can be included.
3. You should apply once spouse has meet the qualifying period as per 2 and from 28 days before your qualifying period ends.

[deepakborse]

thanks a lot D4109125.

Apologies for being daft, What exactly does this mean?
1. Absences should be limited and for good reason.

In these 2 years of cohabitation before ILR, dependent has been out of the UK for total of 70 days for below reasons

40 Days Main applicant + dependant holidays
12 Days only dependant holidays
18 Days dependent went to india to get the dependant visa as she was on Tier 1 visa earlier.

does this satisfy limited and good reason. Does this exceed the dependant abcenses limit or it is well within the limit?

Many thanks.

[deepakborse]

hello,

i spoke to UKBA and i got the below answers

1. As such there is no limit on the depedant absences.

2. Dependant has to complete 2 years on the dependant visa to qualify for ILR. Any other visa of differernt category cannot be taken into account. This is contradictory to what i knew and posted above.
So dependant came to UK in Dec 2011. Switched category to tier 1 dependant in Apr 2012. Dep completes 2 years in Dec 2013 however i was told that dep is not eligible for ILR till Apr 2014 because dep has to complete 2 years on the dep visa. Does this sound right?

3. Also dependant cannot apply for settlement with main applicant 28 days before qualifying period ends (2 years end). Dep has to wait to complete 2 years and then apply.

any views on this?

[Amber]

Why do people insist on ringing the home office and speaking to people who have no idea. If you're not happy with the responses given on here, seek professional advice, not a call centre.

I stated above once your spouse has met the qualifying period and from 28 days before your qualifying period.