FAQ Q12. Policy statement changed?

[mghe]

Dear Friends,

I was confident after noticing some successful applications for Tier 1 Dependant to apply ILR with the main applicant, even though the 2 years was not continous. My spouse was out of country for 7 months, but has been in UK for 1yr 11 months + 4 months. I am going for ILR this week. Today i just had a look at the ploicy and I can see the magic words continous.

So have UKBA changed the stage now?

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii).

(i) If the applicant was granted leave as the Partner of the 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 the Relevant Points Based System Migrant, the specified period is at least 2 years.

Am I risking the application now, may be the FAQ needs to be updated or is the continuous refering only to the VISA and not the period.

regards
mghe

[Lucapooka]

I was confident after noticing some successful applications for Tier 1 Dependant to apply ILR with the main applicant, even though the 2 years was not continous.

That has never been a requirement. Absenses, subsequent to the initial entry in this category, are not considered.

[mghe]

Hi Lucapooka,

Thanks for the advice. Sorry I didnt mean to create confusion. Its just the FAQ read no mention of continuous and the policy did. Already loosing sleep as the days are nearing!! so you reckon, it should be fine? I have decided to go ahead with my application anyways.

Regards,
mghe

[wpilr_nov12]

... (i) If the applicant was granted leave as the Partner of the 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 the Relevant Points Based System Migrant, the specified period is at least 2 years.
[/i]...

Does not specify continuous stay? Or is that not relevant?

[mghe]

Hi wpilr_nov12,

Thats exactly my query, i didnt look at the policy before, so was the continuous word present in document previously( refering to FAQ Q12) or does the word refer to the leave granted and not the stay actually.