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Hi All,
I really need help in this regard. Can anyone please clarify what should be done?

Situation

I came to UK in July 2007 and will be finishing 5 years next month i.e. July 2012. Now, I am planning to apply for ILR along with my wife and son.

However, my wife is in UK since October 2007 with statuses as below:

1) October 2007 – She came to UK as Work Permit Holder
2) October 2008 – She changed it to Tier 1 General
3) June 2009 – We both got married in India and started living together since then
4) October 20011 – She became my dependent (Tier 1 General dependent)

As seen above, although we were living together since June 2009, my wife spent only 8 months as my dependent. Will she be eligible to apply for ILR along with me next month? Or does she need to spend 2 years as my dependent?

Any help will be much appreciated. Thanks in advance.

Q12 and Q19.

Thanks for your reply. But, I spoke to UKBA contact centre and they told that she should be as dependant for 2 years, which is contradicting Immigration rules as mentioned. I am very confused about this rule and not sure what to do.

Advice from my barber is more credible than advice by UKBA contact centre. Just take on board what sushdmehta has pointed.

Common sense suggests that immigration rules take precedence over inaccurate advice.

sushdmehta wrote:Common sense suggests that immigration rules take precedence over inaccurate advice.

Yes, but many people are under the impression that somehow the so called "advice" from UKBA contact centre is "official" and correct.

Hi,

From what I've seen.

Residency in the UK for 2 years, as a dependent of the class of visa that you have(since you are the main applicant), is required for your wife to qualify for ILR.
That is how the immigration rules are interpreted by the Home Office.

So in my opinion, she needs to complete 2 yrs as your dependent before she qualifies for ILR. I've heard this from an immigration consultant as well recently.

Seniors in the group, pls clarify this as well.