ILR and Dependant's Stay outside UK over Five Years

[nachieket]

Hi All,

A quick question. I am on TIER-1 General right now with my wife as my dependant. I know that I have a "virtual limit" of 180 days to stay out of UK (holidays etc...) for over a period of 5 years to apply for my ILR. But I would like to know if it is same for my wife as well or could she live outside UK for more number of days than 180 days?

I am gladly following 180 days limit but would like to check out for my wife as well just to avoid any issues while applying for ILR in future. Please redirect me to previous topic if this has been already discussed somewhere.

Thanks,
Nachiket

[gaurav76.5]

180 rules doesnt apply on dependant ....however make sure she stays within limit of spending time outside Uk when applying for naturalisation...

[scorpio_besal]

Gaurav, say in the last 5 years, if the tier 1 applicants goes out of the country for holidays for 45 days each year ,i.e, he is out for 45 X 5 = 225 days in the last 5 years ( no stay single stay has been more than 90 days).

Would that person be eligible for ILR after 5 years.

Secondly, If the applicants get married after 3 years of his stay as tier 1 migrant, after which he gets his partner on dependant visa. So at the end of 5 years stay when he would apply for his ILR, would he be able to apply for the same along with his partner, keeping in mind that the dependant has just joined him just 2 years ago,i.e, she has not been in the UK for for 5 years yet.

And lastly, if the applicant in his stay as tier 1 migrant, have a child in the UK, would the child gets the citizenship automatically or would the child be considered as the dependent of the tier 1 migrant.


Thank you in advance.

[gaurav76.5]

If holidays are entitled as annual leaves (for which you are getting paid) you can discard those leaves as they are not counted as absences..if the holidays are not paid then its counted as absences and you wont be eligible for ILR

This rule has been changed on 9th July any dependant will now be eligible only after 5 years..However the Tier 1 migrant would be eligible for ILR

The child born in UK would be eligible for citizenship only after one or both parent get ILR or become british citizens

[scorpio_besal]

Cheers Gaurav..!!

[hsmp1412]

[quote="gaurav76.5"]This rule has been changed on 9th July any dependant will now be eligible only after 5 years..[/quote]

Please note this is true only if the dependant visa has been issued after 9th July. If the visa was issued before 9th July, then the old rules hold and the dependant can apply for ILR after completing 2 yrs in the UK.

[gaurav76.5]

hsmp1412
Please note this is true only if the dependant visa has been issued after 9th July. If the visa was issued before 9th July, then the old rules hold and the dependant can apply for ILR after completing 2 yrs in the UK.

I replied back based on scorpio_besal asking if anyone applies for tier 1 dependant now...