180 days rule applies for Tier1 dependant for ILR

[sanil_57]

Hi ,

I'm planning to apply for an ILR for me(Tier1) and my wife(dependant) .

She came to UK more than 2 years back.
But she is away for more than 180 days now(on maternity) .
I do have co-habitation letters as a proof for the last 2 years.

I'm assuming that the 180 days rule will not apply for the dependants.
Am I right ?

Thanks
Anil

[geriatrix]

See FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

[sanil_57]

Hi sushdmehta ,

Thanks for your reply..
My wife has entered UK in March 2011 and stayed here till Jan2013(21 months) . She is coming back in Sept 2013.

Technically , she had her visa continuously since March 2011 to till date , but she was not physically present in UK for whole 2 years( to be precise 22 months or so)..

Can you please advise me, if I can go ahead and apply for ILR for my wife along with my application .

Thanks

Anil

[govardhan]

Hi Anil,

Can you please let me know if you find any answer for your question. Even I am in the same situation. My wife will be out of country for 160 days nearly . will it cause any problem for ILR application.

Thanks,
Govardhan

[pattar]

HI anil and govardhan,

I am in similar situation. Please let me know what you guys planned to do.

[jilpangs]

Hello, i'm also in same situation. My wife spent 3 years in UK in last 5 years but in chunks. She is in UK for last 1.5 years continuously.

What i gathered so far is

a) There is no specific absence requirement for Dependent other than they should have spent 2 years in UK with you.
b) Spouse are eligible to apply with main applicant provided they have spent 2 years in UK in last 5 years. No specific mention about it should be continuous.
b And if we can show cohabitant docs for 2 years (Not sure last 2 years or any 2 years in last 5 years)

Still not 100% convinced. Still looking out for expert help.

Regards
J

[jilpangs]

My full case if it helps....

http://www.immigrationboards.com/indefi ... 57521.html

[pattar]

my case is simple

Main applicant Eligibile for ILR 28 days before May 5th 2014 - 7th april 2014

Dependant visa date - 12th jan 2012
Arrival data - Feb 27th 2012
Went to India - Aug 29th 2013
Back from India - Feb 17th 2014

Total Stay in UK on the day main applicant is eligible - 1 year 8 months
Total days including days outside uk - 2 years 1 month

Confused whether to apply ILR for dependent with me as she has not lived with me for 2 years in uk but had visa little more than 2 years.

[amit.katke]

HI anil, govardhan, pattar

I am in similar situation now. Could you please let me know what outcome you guys got?

[amit.katke]

Moderators please help.

[sreek.rams]

Hi,

I'm in similar situation where in dependants have stayed outside UK for more than 180 days continuously in last 5 years but have stayed in UK for past 2 years continuously. And advice/pointers would be greatly helpful.


Thanks,