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Tier 1 dependent absent from UK for more then 90 days

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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anotherone_waiting
- thin ice -
Posts: 53
Joined: Tue Apr 17, 2012 5:04 pm
Location: London

Tier 1 dependent absent from UK for more then 90 days

Post by anotherone_waiting » Fri Feb 14, 2014 8:36 am

Hi folks,

Apologies in advance because I know Guru’s don’t like us to put new questions unless we check the forum, but I have done enough digging on the forum and UKBA but couldn’t really find the answer.

I am Tier 1 (General) and applying my ILR in April 2014 bases of 5 years. Got married last year and my wife joined me as Tier 1 dependent in April 2013. She had to travel to her home country (Brazil) in November 2013 due to some personal reasons and she is still in Brazil which makes it more then 90 days of course and she is coming back to UK in 2 weeks time.

I realise she can’t apply ILR with me because she has not been in the UK for 2 years yet, so she will have to apply for extension as my dependent.

Questions I have is….

1. Is she going to have any problems with her extension because of her absence from UK for more then 90 days?
2. Could there be any issue at the Immigration when she is coming back?
3. What could be the best reason for her absence? Or should she explain the personal reasons to Immigration?

I would really appreciate if someone can assist me with this since its giving me sleepless nights.

Regards
Peace

anotherone_waiting
- thin ice -
Posts: 53
Joined: Tue Apr 17, 2012 5:04 pm
Location: London

Re: Tier 1 dependent absent from UK for more then 90 days

Post by anotherone_waiting » Fri Feb 14, 2014 2:05 pm

Hi experts,

I know you must be tied up with other things but can i request you to suggest me on the questions above so that i can plan wifey's trip at the earliest.

Thanks in advance
Peace

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 7:11 pm

Re: Tier 1 dependent absent from UK for more then 90 days

Post by haiksuresh » Fri Feb 14, 2014 5:08 pm

anotherone_waiting wrote:Hi folks,

Apologies in advance because I know Guru’s don’t like us to put new questions unless we check the forum, but I have done enough digging on the forum and UKBA but couldn’t really find the answer.

I am Tier 1 (General) and applying my ILR in April 2014 bases of 5 years. Got married last year and my wife joined me as Tier 1 dependent in April 2013. She had to travel to her home country (Brazil) in November 2013 due to some personal reasons and she is still in Brazil which makes it more then 90 days of course and she is coming back to UK in 2 weeks time.

I realise she can’t apply ILR with me because she has not been in the UK for 2 years yet, so she will have to apply for extension as my dependent.

Questions I have is….

1. Is she going to have any problems with her extension because of her absence from UK for more then 90 days?
As per my knowledge, she wouldn't get any problem for her extension. She will get her visa extension based on your visa.

2. Could there be any issue at the Immigration when she is coming back?
I dont think she will face any issues, Assuming she will be back to UK, Before expiring her current visa.

3. What could be the best reason for her absence? Or should she explain the personal reasons to Immigration?
This question was no longer valid, Because of the above answers.
I would really appreciate if someone can assist me with this since its giving me sleepless nights.

Regards

I think this might help, As i am not very senior or expert. So you can wait for our guru's response.

Regards,
Suresh

Arsal385
Member of Standing
Posts: 385
Joined: Sun Mar 18, 2012 12:17 pm

Re: Tier 1 dependent absent from UK for more then 90 days

Post by Arsal385 » Sat Feb 15, 2014 2:54 pm

Please bear in mind your wife will have to spend 5 years with you in order to be entitled for ILR

smartkhan
Member of Standing
Posts: 364
Joined: Fri Apr 04, 2008 6:55 am
United Kingdom

Re: Tier 1 dependent absent from UK for more then 90 days

Post by smartkhan » Sat Feb 15, 2014 9:30 pm

Arsal385 wrote:Please bear in mind your wife will have to spend 5 years with you in order to be entitled for ILR
Who told you that?

anotherone_waiting
- thin ice -
Posts: 53
Joined: Tue Apr 17, 2012 5:04 pm
Location: London

Re: Tier 1 dependent absent from UK for more then 90 days

Post by anotherone_waiting » Sun Feb 16, 2014 9:10 am

smartkhan wrote:
Arsal385 wrote:Please bear in mind your wife will have to spend 5 years with you in order to be entitled for ILR
Who told you that?
Dont really care about her ILR since we dont intend to stay here for long, but my understanding was she needs to be here for 2 years as dependent in order to get ILR.

Correct me if i am wrong guys..

Regards
Peace

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