HI Everyone
I have a quick question to apply for ILR to my Wife who is in currently in Tier 1 dependant visa.
I have eligibility for applying ILR now. However, I am not sure whether my wife can apply along with me or not?
My Wife came to UK on 5th Nov 2011 with her Tier 1 dependant Entry clearance visa which had expiry as 01 March 2013.
After 6months of stay, she travelled back to india on 25th May 2012 as she was pregnant.
After post-Delivery, she got another Tier 1 Entry clearance stamped on 28th Feb 2013. (i.e. before her first visa expires).
Here the catch is two entry clearance stamped in her passport, one after the other without any break.
As per UK immigration rule, there was new rule made that says the entry clearance before 9th July 2012, will have eligibility to get ILR if dependant stay with main applicant for 2 years.
and entry clearance after 9th July 2012, will have eligibility to get ILR only if the dependant stay with main applicant for 5 years.
Her case is that she had first entry clearance before 9 July 2012, and next entry clearance was after 9 July 2012 , but before the expiry of first one.
I am thinking that is considered as continous period and she will be eligible for ILR just considering only recent 2 years stay with me in UK.
However I am not 100% sure.Thats the predominant reason i am posting it in this forum for getting this question clarified.
FYI >>
My Wife Absences from UK:
==============================
27-05-2012 to 12-05-2013 (351 days) [ As she was 4 months pregnant, she went to india for delivery. and came back with my new born son who was 6 months old. ]
23-03-2014 to 16-05-2014 (55 days) [ Holiday Trip to India ]
28-11-2014 to 02-05-2015 (156 days) ( As she was 7 months pregnant, she went to india for delivery along with my son and came back with my new born daughter who was 3 months old. ]
10-01-2016 to 22-02-2016 (42 days) [ Visit to celebrate (Pongal Festival) religious function ]
It would be grateful, If I get any responses such as anyone of my case had already got ILR, or any email or contact details from UKBA to get this clarified please?
Regards
Vinoth Alagesan
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