Dependant visa- Second entry clearance in post July 2012

[bizganesh]

I am currently in UK under Tier 1 (general) category and have become eligible for applying for ILR this month. My wife who was with me as Tier- 1 dependant arrived to UK in June-2008 (Spent more than 2 years in UK). She went back to India on October-2011 due to maternity reason and our baby was born in February 2012 in India. (11 months break for my wife who was away from UK)

I got my Tier 1 extension for myself in the UK on March-2012. But both my wife and baby had applied and got their entry clearance from India in August 2012 and arrived to UK on 19-Sep-2012.

So now my question is:

- Since my wife had spent more than 2.5 yrs (before October 2011) and also 1 year since Sep 2012. (Total 3.5 yrs), Is she eligible to apply for ILR along with me under the post July 2012 rule for ILR?

- Is my 1 yr 7 months old baby eligible for ILR along with me??

Many thanks,
Ganesh

[Sep08T1Applicant]

I am in the similar boat. When are you planning to apply for your wife? are you going to apply same time as yours? Read information provided
here
Also just to mention as per your explanation your wife will be eligible after 5 years, unfortunately you can combine previous dependant stays to make it 5 years until 28/10/2013. As per home-office email responses my wife is eligible August 2017. I am planning to include my wife application probably this month or next month same time as mine, hope, luck, trust and documentation, lets see what happen

[bizganesh]

Thanks a lot for your prompt reply and I really appreciate that.

My current Tier-1 will be valid till April-2014 and I'll be applying my ILR this Thursday.Though I booked my appointment for all 3(myself, my wife & baby) I'm really not sure whether to include my dependants as part of this ILR process as the chances appears to be very slim. So r u planning to apply ILR for u along with ur dependants? Please reply.

Many thanks,
Ganesh

[rudra2varma]

Thanks a lot for your prompt reply and I really appreciate that.

My current Tier-1 will be valid till April-2014 and I'll be applying my ILR this Thursday.Though I booked my appointment for all 3(myself, my wife & baby) I'm really not sure whether to include my dependants as part of this ILR process as the chances appears to be very slim. So r u planning to apply ILR for u along with ur dependants? Please reply.

Many thanks,
Ganesh

I think your case is ok. As long as your wife has valid visa through out duration then she is eligible under 2 years. i am also in the same position. My wife is in UK with me for 3 years and she went back to India for delivery. mean while i changed the job on Tier 2 general and she applied from india for Tier 2 dependant. However she is never without valid leave.

[rudra2varma]

Thanks a lot for your prompt reply and I really appreciate that.

My current Tier-1 will be valid till April-2014 and I'll be applying my ILR this Thursday.Though I booked my appointment for all 3(myself, my wife & baby) I'm really not sure whether to include my dependants as part of this ILR process as the chances appears to be very slim. So r u planning to apply ILR for u along with ur dependants? Please reply.

Many thanks,
Ganesh

I think your case is ok. As long as your wife has valid visa through out duration then she is eligible under 2 years. i am also in the same position. My wife is in UK with me for 3 years and she went back to India for delivery. mean while i changed the job on Tier 2 general and she applied from india for Tier 2 dependant. However she is never without valid leave.

[Sep08T1Applicant]

Thanks a lot for your prompt reply and I really appreciate that.

My current Tier-1 will be valid till April-2014 and I'll be applying my ILR this Thursday.Though I booked my appointment for all 3(myself, my wife & baby) I'm really not sure whether to include my dependants as part of this ILR process as the chances appears to be very slim. So r u planning to apply ILR for u along with ur dependants? Please reply.

Many thanks,
Ganesh

Hi Ganesh,

Apologies for the delayed response. I am definitely applying with my wife and I know chances are slim but I am just relying on the fact that my wife's first EC should be considered instead of her second EC and as you can read the link I posted earlier. Also, if in case you are applying your wife case as you have mentioned do note down the points sushdmehta and vinny mentioned in the post as it will give you some confidence, rest it is solely down to case worker how he/she will interprets the rule and do consider the risk of refusal, i hope so it will get through. Which PEO you are going to ?

Regards,

[lotus30]

hi can you please update on the outcome, thanks