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ILR eligibility for spouse with break in visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sgk
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Joined: Mon Apr 27, 2015 4:52 pm

ILR eligibility for spouse with break in visa

Post by sgk » Mon Apr 27, 2015 5:09 pm

Hi,

I am the main candidate and will be eligible for ILR in Aug 2015. I am currently on Tier 1 General and entered UK in Sep 2010.

My wife entered UK as Tier 1 General Dependent in Dec 2010 but went to India in Jun 2012 for maternity. Her visa expired while she was in India in Sep 2012 and applied for new Tier 1 General Dependent visa in Feb 2013 along with the baby.

My question is whether she will have to spend 5 yrs continuous residence as her current leave to remain was granted after rule change in Jul 2012 or will be considered for 2 yrs continuous residence since her first leave to remain was granted in 2010?

Thanks for your help.
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