Specific Query regarding ILR application from Tier1 General

[junior]

I have a very specific set of query regarding the time lines for making an ILR application for me and my wife.

The situation as it stands: I have already completed my required qualifying period for making an ILR application in July 2011 as a Tier 1 General migrant.

However, my wife will complete her required quantifying period of two years on 21 Oct 2011. Her initial grant was as HSMP dependent in Feb 2007. But since then i.e. Feb 2007 to Oct 2009 she has been living in the UK with me intermittently hence her qualifying period of 2 years of continuous stay never got fulfilled as HSMP dependent to be eligible to make an ILR application. She has been staying with me since Oct 2009.

My query is:

(a) Can we both apply for an ILR together in Sep 2011 i.e. 28 days prior to her completion of qualifying period?
(b) I have spoken to the Immigration Enquiry bureau contact center staff and I have been getting various sets of answers. Some staff members have confirmed that we are eligible to apply for ILR 28 days prior to her completion of 2 years and some members have categorically explained that if we both want to apply together we need to wait for my wife to complete 2 years in Oct 2011 and then apply.

Please can someone on the forum help me and guide me to correct rules and policy in this instance?

Cheers!!!
Junior

[Lucapooka]

If your wife has been in the UK for two years (absences are permitted so does not need to be a continuous period physically in the UK) and has been married to you for two years, then she can apply now and there is no need to wait. She is not obliged to make two years as a Tier 1 dependant, she just needs to be be a Tier 1 dependant when she applies (having fulfilled the previous requirements I have mentioned).


319E(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
319E(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage [...] for a period of at least 2 years

[junior]

If your wife has been in the UK for two years (absences are permitted so does not need to be a continuous period physically in the UK) and has been married to you for two years, then she can apply now and there is no need to wait. She is not obliged to make two years as a Tier 1 dependant, she just needs to be be a Tier 1 dependant when she applies (having fulfilled the previous requirements I have mentioned).


319E(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
319E(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage [...] for a period of at least 2 years

Hi,

Thanks for your prompt reply. The situation with me and my wife is:

(1) Got married in Jan 2007 and was granted HSMP dependent visa in Feb 2007.
(2) Wife came to the UK for a period of 4 months and then she went back to the home country in June 2007
(3) Then again she came back to the UK in Oct 2008.
(4) Went back to the home country in Jan 2009
(5) Came back again to the UK in Oct 2009
(6) Since Oct 2009 till present date she is with me here in the UK.

Now the query is regarding the exact time lines for applying together for ILR. Can we both apply for ILR 28 days prior to her date of completion of exact 2 years as Tier 1 General or do we need to wait for completion of 2 years and then apply for ILR together.

Please advise?

[Lucapooka]

The point is, although she has been out of the UK for long periods since 2007, the rules make no mention of long absence breaking residence (as it might in other categories of leave) and I would argue that she has fulfilled the requirements now and does not need to wait. I´m sure you´ll get other and differing comment on this. If Vinny could step up and comment I would trust his opinion.

[vinny]

When will your leave expire? I think that you may both apply together, before leave expires.