Immigrationboards.com

My case is like this...

I'm on TIER 2 ICT since March 2009 and completing 5 Years in March 2014. My Wife & Kid who are in TIER 2 ICT Dependent Visa. Our current Visas expiring on 16-Apr-2015.

My wife is also with me in UK since March 2009 but have breaks in between and in total she had lived in
UK for about 3 years and remaining 2 years out of UK on Vacation & to take care of elderly parents. So she never been in UK for a Continuos 2 years.
As per her last entry in to UK, She is in UK since Sep 2012 to till date which covers only for 1 year 5 months.

Questions

Q1) Is my wife eligible for ILR along with me to apply next month March 2014.
Q2) If answer to Q1 in NO, then since her current TIER 2 ICT Dependent Visa is valid till Apr 2015, can she continue in same Visa? (Some people say
she will not be able to continue in existing Visa & I would need to apply for Spouse of Settled Person as my status will change to ILR next month (provided my ILR is through) Do anyone have official rule covering this point?
Q3) If it ends up like my spouse can continue in TIER 2 ICT Dependent Visa till Apr 2015 then by Sep 2014 will she get eligible for ILR? (as she is in uk since Sep 2012 without any break)
Q4) If it ends up like my spouse can not continue in TIER 2 ICT Dependent Visa and we had to apply for FLR(M) will her stay in UK gets reset? and
she need to complete 5 years before applying for ILR? Again any offcial rule covering this point?

I know this is very detailed but appreciate someone can throw light & help.

Following are the exact dates she was in and out of UK. Can you please clarify whether she is eligible to apply ILR along with me?
From To Days Days In / Out
28-Mar-09 13-Jul-09 108 In UK
14-Jul-09 05-Apr-10 264 Out of UK
06-Apr-10 10-Dec-10 248 In UK
11-Dec-10 13-Jan-11 33 Out of Uk
14-Jan-11 02-Dec-11 323 In UK
03-Dec-11 21-Sep-12 295 Out of UK
22-Sep-12 Till Date 552 In UK

Thanks

She is eligible. Has all her extension been done in UK along with you ? If yes , then even better. If she applies with you then you don't have to mention her absences and the eligibility would be checked by CW based on passport stamp/immigration history. To be in safer side you can have some evidence (Letter from doctor/hospital etc) mentioning parents condition . In my opinion you shouldn't have any issue.

Thanks DK.

Yes. Our original stamping was in Mar 2009. After that we had 2 extension while in UK. 2011 & 2013. During both extension we were together in UK.

Ok, i will have some evidence of Parent's condition.

In case of rejection for my spouse, will the fees be returned?

Thanks
J

No. Fee won't be refunded . There is no specific requirement for dependent's absences . It should be limited and for good reason . Go with positive frame of mind ,i'm sure she won't have issue as far as absences are concerned. If asked you can explain regarding parent's health and also need to tell them that now she is committed to UK . Update your experience here which will help others . People are being selfish in this forum where they get advice when needed but never try to give anything back . I never stop appreciating Moderators/Seniors here who do an excellent job and has got the sole objective of helping others out of trouble for no self gain. All the best for your application !!!

Sure i will let the outcome of my case DK. My appointment is yet to be booked as im waiting for my employer letter.
Also, if you see my other posts, im already sharing the details im collecting to help others.

now she is committed to UK
any proofs to be shown? What proof can be shown? OR if i just say it is that enough?

She has been in UK without break since sep 2012 along with your words is suffice. But , I'm sure nothing will be asked.

Brilliant. Thanks DK for your prompt responses.