Dependent Eligible for ILR or not?

[Subbs]

Hi experts ,

I got my ILR few weeks back based Tier 2 ICT and I am planning to apply for ILR for my wife and daughter but not sure now they are eligible or not.

My wife first traveled to UK on Tier 2 ICT dependent VISA on July 2010 and stayed here till July 2011. She traveled back to India on July 2011 and returned back on 14 July 2012 with my daughter ( after getting Tier 2 ICT dependent visa) but she got her VISA in India on 22nd June 2012 before new rule published for 5 year(9th july 2012) and they are in UK till today.

1. As per home office website eligibility check , if visa applied before 9 july 2012, she is eligible for settlement VISA. But am not sure is this still applicable as she travelled after 9th july 2012.


You can apply as the partner of a British citizen or person settled in the UK
You may be eligible for settlement (‘indefinite leave to remain’) if your partner is a:
• British citizen
• person settled in the UK
Partners are 2 people in a genuine relationship - you must be able to prove 1 of the following:
• you’re married
• you’re in a civil partnership
• you’ve been in a relationship for 2 years
You and your partner must intend to continue your relationship after you apply for settlement.
Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:
• 2 years if you applied for your visa before 9 July 2012
• 5 years or 10 years if you applied for your visa on or after 9 July 2012

2. If she is not eligible what is the next option?

Thanks in advance.

Regards,

[Obie]

Yes they will qualify.

[Subbs]

Thanks a lot Obie.

Do you ever come across this kind of case and they have rejected application? just wanted to be on safer side

Regards,Subs

[Obie]

The law does not permit refusal, so if they refuse it will be unlawful.

I have never come across cases like that.

[Subbs]

thanks a lot Obie