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Hi,
I am planning to apply for my wife and son's ILR along with my application.

I came to uk in Mach 2008 and family joined me in April 2008 on depndent visa. I got my tier 1 visa done in May 2009 and she switched to PBS dependent visa at that time. She went to India in March 2010 and Joined me again on 26th April 2011 and staying in UK till date .

Considering her last entry in uk which is 26th April 2011, she would be completing her 2 years of conitnuous stay on 25th Aprill 2013.

As i have completed 5 years in UK, i was planning to apply for ILR asap but not sure about my wife's ILR eligibilty. Is there any requirement for dependent continuous stay of 2 years in uk ?

Should i wait and apply for ILR for all of us after 25th April 2013 ?

Please advise. Thanks in advance.

She is eligible as she first entered in 2008 and hence the cohab period can be calculated since 2008. There is no absence criteria for dependants.

Thanks uksettlement. Your response is always a great help

amit99 wrote:Hi,
I am planning to apply for my wife and son's ILR along with my application.

I came to uk in Mach 2008 and family joined me in April 2008 on depndent visa. I got my tier 1 visa done in May 2009 and she switched to PBS dependent visa at that time. She went to India in March 2010 and Joined me again on 26th April 2011 and staying in UK till date .

Considering her last entry in uk which is 26th April 2011, she would be completing her 2 years of conitnuous stay on 25th Aprill 2013.

As i have completed 5 years in UK, i was planning to apply for ILR asap but not sure about my wife's ILR eligibilty. Is there any requirement for dependent continuous stay of 2 years in uk ?

Should i wait and apply for ILR for all of us after 25th April 2013 ?

Please advise. Thanks in advance.

"2 years of continuous stay" is not a requirement if your spouse spent more than 2 yrs with you in UK. your case is fine.