Tire 2 General apply ILR with spouse and son

[wangxiaosara]

Hello, please anyone could help me with this. I am seeking help on behalf of my friend.

My friend has got a tire 2 general entry clearance in Jan 2010 and travelled to the UK in Feb 2010. He changed employer in Oct 2011 as the previous company was closed down. Then a new visa (sponsored by new employer) was granted under the same category in Oct 2011 for 3 years. In Oct 2014, he extended his visa and currently will expire in Oct 2017. This month he is eligible to apply ILR. His wife is holding a Tire 2 dependant visa. She initially has got the entry clearance as a PBS Dependant in Nov 2010 and travelled to the UK in Dec 2010. Between Dec 2010 to Feb 2012, she was living in the UK with her husband. Feb 2012, she travelled back to her own country to look after her mum. She came back to the UK in Dec 2013 after her mum passed away. Since then she is in the UK with her husband. She has called HO, got confirm that she can apply ILR with her husband together use SET O form. However in the form it requires the cohabitation evidence since the las extension up to a max 2 years. My friend's last extension was in Oct 2014 and his wife was out of the country between Feb 2012 and Dec 2013, therefore it was no cohabitation evidence cover this period.

It seems quite confusing, even after HO confirmation about my friend's wife can apply ILR with him together, their solicitor said his wife has wait until Dec this year to get a ILR, or switch to FLR M and wait for 5 years for ILR. So confusing. Please clarify. Many thanks

[wangxiaosara]

Any advice please?

Hello, please anyone could help me with this. I am seeking help on behalf of my friend.

My friend has got a tire 2 general entry clearance in Jan 2010 and travelled to the UK in Feb 2010. He changed employer in Oct 2011 as the previous company was closed down. Then a new visa (sponsored by new employer) was granted under the same category in Oct 2011 for 3 years. In Oct 2014, he extended his visa and currently will expire in Oct 2017. This month he is eligible to apply ILR. His wife is holding a Tire 2 dependant visa. She initially has got the entry clearance as a PBS Dependant in Nov 2010 and travelled to the UK in Dec 2010. Between Dec 2010 to Feb 2012, she was living in the UK with her husband. Feb 2012, she travelled back to her own country to look after her mum. She came back to the UK in Dec 2013 after her mum passed away. Since then she is in the UK with her husband. She has called HO, got confirm that she can apply ILR with her husband together use SET O form. However in the form it requires the cohabitation evidence since the las extension up to a max 2 years. My friend's last extension was in Oct 2014 and his wife was out of the country between Feb 2012 and Dec 2013, therefore it was no cohabitation evidence cover this period.

It seems quite confusing, even after HO confirmation about my friend's wife can apply ILR with him together, their solicitor said his wife has wait until Dec this year to get a ILR, or switch to FLR M and wait for 5 years for ILR. So confusing. Please clarify. Many thanks

[vinny]

She should be okay, if she didn't have to apply for entry clearance before coming back in Dec 2013.

They may ask for evidence of subsisting marriage during her period of absence.