Spouse ILR - 2 years definition

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 12:24 pm

Hi All,

My wife will be eligible for ILR if she stays in UK for 2 years as she is a Tier 1 General dependant and has travelled to UK before July 2012. I would like to know how long she needs to stay here in UK if she has to complete that 2 years period to apply for ILR. Below are the dates of entry and exist for her.

Entry-Exit-Days
6/28/2010-7/19/2010-21
7/26/2010-5/5/2011-283
6/17/2012-5/11/2013-328

It would be great if an expert can help me on this query.

Thanks in advance,
Aks

Post by **Lucapooka** » Mon Oct 14, 2013 12:26 pm

If she first entered the UK as your dependant in June 2010, she was eligible for ILR in May 2012. Can you elaborate on the type of leave she had then and has now?

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 12:37 pm

Hi Lucapooka,

First of all, thanks for your quick reply.

Her first entry was as a Tier 2 (Work Permit) dependant. Then we switched to Tier 1 general in March 2011 and still continuing to have Tier 1 General dependant visa which is valid till March 2016.

Sorry for the initial confusion and looking forward to your reply.

Thanks,
Aks

Post by **Lucapooka** » Mon Oct 14, 2013 1:03 pm

If you have ILR, she can apply now for ILR for herself.

Post by **Amber** » Mon Oct 14, 2013 1:15 pm

Are the dates above referring to absences?

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 1:45 pm

D4109125 wrote:Are the dates above referring to absences?

Hi D4109125,

The dates above refer to my wife's entry to UK and exit from UK.

Entry - Entry to UK
Exit - Exit from UK
Days - No. of days between entry and exit dates.

Thanks,
Aks

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 1:47 pm

Lucapooka wrote:If you have ILR, she can apply now for ILR for herself.

Hi Lucapooka,

Thanks for your reply once again. Can you please guide me to any link or document which states this scenario.

Btw, I don't have ILR right now, but I am eligible for it and my wife is not in UK right now, but she has a valid Tier 1 dependant visa.

Looking forward to your reply,
Aks

Post by **Lucapooka** » Mon Oct 14, 2013 2:08 pm

She should return to the UK and apply for ILR in a joint application with you.

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 2:10 pm

Hi Lucapooka,

What my understanding was that she has to stay in UK to complete 2 years and then only she can apply for ILR. Could you please guide me to the UKBA link or document which will help me ?

Thanks once again,
Aks

Post by **Lucapooka** » Mon Oct 14, 2013 2:15 pm

It's a residence period that began two years ago (and absence is permitted) rather than a precise tally of 728 physically present inside the UK.

Post by **vinny** » Mon Oct 14, 2013 2:34 pm

319E wrote:(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) or (ii):

bygodsgrace wrote:What my understanding was that she has to stay in UK to complete 2 years and then only she can apply for ILR.

Your interpretation is possible. However, consequently, 319E(d)(ii) would also imply that dependants who travel aboard during their 5 year period would not qualify!

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 2:57 pm

Hi Lucapooka,

Thanks for your reply. Does that mean that we need to state the reason and proof for the absences?

Thanks and Regards,
Aks

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 3:01 pm

vinny wrote:
319E wrote:(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) or (ii):
It's a possible interpretation. However, consequently, 319E(d)(ii) would also imply that dependants who travel aboard during their 5 year period would not qualify!

Hi vinny,

Thanks for your reply. Can you confirm if I fall under the category of 319E(d)(i) rather than 319E(d)(ii)?

Looking forward to your reply.
Aks

bygodsgrace · Post by **bygodsgrace** » Mon Oct 14, 2013 4:06 pm

Hi,

Can somebody help me in taking a decision please?

Thanks in advance,
Aks

Post by **vinny** » Tue Oct 15, 2013 1:59 am

bygodsgrace wrote:
vinny wrote:
319E wrote:(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) or (ii):
It's a possible interpretation. However, consequently, 319E(d)(ii) would also imply that dependants who travel aboard during their 5 year period would not qualify!
Hi vinny,

Thanks for your reply. Can you confirm if I fall under the category of 319E(d)(i) rather than 319E(d)(ii)?

Looking forward to your reply.
Aks

If she was your dependant prior to 9th July 2012 (without any getting entry clearances after 9th July 2012), then 319E(d)(i) should apply.

bygodsgrace · Post by **bygodsgrace** » Tue Oct 15, 2013 9:08 am

Hi vinny,

Thanks for your response.

Her first entry to UK was on 6/28/2010 using Tier 2 dependant visa.
Later we switched to Tier 1 visa on 3/15/2011 staying within UK itself.
From then on whenever she travelled, she had valid visa and on 3/15/2013 her visa was extended.

Does visa extension staying in UK count as "entry clearance" or does it mean a UK entry with a fresh visa?

If 319E(d)(i) applies to our case, can she go ahead with the ILR application once she is in UK without waiting for the 2 year completion in terms of exact number of days? And does she need to show any proof for absences?

Sorry to trouble you again. It would be great if you could answer the above queries for me please.

Thanks in advance,
Aks

Post by **vinny** » Tue Oct 15, 2013 9:49 am

An Entry clearance application is an application made from outside the UK.

If Lucapooka's interpretation is correct, then she may apply for SET(O) now, after she is back in the UK.

If your interpretation is correct, then she should wait until she completes her 2 years - 28 days in the UK, before applying for SET(O).

I'm not exactly sure which interpretation is the correct one. But yours may be more consistent with 319E(d)(i) and easier to defend against a refusal. However, your interpretation would also imply that dependants on the 5-year route would be ineligible for ILR at the end of their the 5-year period, if they travelled outside the UK during their 5 year period.

In any event, she should return to the UK before her leave expires.

She may include evidence of subsisting marriage, in line with 319E(e).

bygodsgrace · Post by **bygodsgrace** » Tue Oct 15, 2013 4:20 pm

Hi vinny,

So in my wife's case 319E(d)(i) applies and I am planning to wait till 2 year completion after her UK return.

Now coming back to the original question - the definition of 2 years, can you please explain this "2 years - 28 days in the UK"?

She has a valid visa till March 2016 as her visa extension was done on March 2013.

Thanks once again for your kind help,
Aks

Post by **vinny** » Tue Oct 15, 2013 10:34 pm

Normally, one is able to apply for ILR no sooner than 28 days prior to the completion of the relevant qualifying period.

bygodsgrace · Post by **bygodsgrace** » Thu Oct 17, 2013 9:10 am

Hi vinny,

Got it. Thanks for your great help once again.

Regards,
Aks

bygodsgrace · Post by **bygodsgrace** » Fri Oct 18, 2013 5:21 pm

Hi vinny,

Sorry to trouble you once again. What is your opinion about my application for ILR with my spouse without waiting for her exact two year completion in UK with our two children? I just read a success story about another ILR application for which the link is given below. Please let me know your thoughts about it.

http://immigrationboards.com/viewtopic.php?t=136025

Thanks in advance,
Aks

Post by **vinny** » Sat Oct 19, 2013 3:28 am

Sep08T1Applicant's wife's application was complicated. There is no definition of 'continuous leave' in this category.

Note that his wife had spent at least two years in the UK and could have satisfied 319E(d)(i). Or Lucapooka's interpretation could be correct, enabling her to 319E(d)(ii).

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Spouse ILR - 2 years definition

Spouse ILR - 2 years definition