Immigrationboards.com

Dearies,

I have read many posts in here and would like to ask my query .

Our situation is as below


Entered UK first time on May 29 2011 in Tier 2 ICT Established Staff Visa
Returned back to India On Feb 14 2012 and re entered on Sep 29 2012 in the same Visa.
Stayed in the Tier 2 ICT Visa till April 2015
Switched to Tier2 General dependent Visa in April 2015.
Currently Switching to Tier 2 General visa in April 2018 which will be valid till 2023 April

Will I be eligible for Long residence ILR in May 2021 ?
Will the gap of more than 6 months between Feb 2012 and September 2012 have any impact in the application as it crosses 180 days?
If the gap matters, will I be eligible in September 2022 then?

Looking forward for your reply.



Regards
KKVJ

KKVJ wrote: ↑

Fri Mar 09, 2018 12:12 pm

Returned back to India On Feb 14 2012 and re entered on Sep 29 2012 in the same Visa.

This will be an issue for long residence ILR.

Will I be eligible for Long residence ILR in May 2021 ?

No

Will the gap of more than 6 months between Feb 2012 and September 2012 have any impact in the application as it crosses 180 days?

Yes, as any absence of 180 days or more breaks continuity of residence for ILR LR.

If the gap matters, will I be eligible in September 2022 then?

Possibly, if you meet all the long residence requirements.

Thanks a ton for the immediate response . Its very useful.
Just one more question.

Wont we calculate 10 years from the date of ilr application?
Say if we apply by may 2021 and calculating each year from that cant we split the 180 days between 2 years 2011 May to 2012 May and 2012 May to 2013 May.

Just wanted to know the possibilities.



Regards KKVJ

Dear People

I have a query related to ILR and ILR dependent
I will apply my ILR in Feb 2020 via Tier2 route and My husband will change to my dependent then.
He is currently on his Tier2 general visa sponsored by his company and am on my Tier2 Visa sponsored by my company.
He will complete 10 years by 2022 .

1. What are the difference in rights to live work in UK between ILR holder and ILR dependent?
2. Can a dependent live in UK alone for 6 months without the main applicant?
3. Can he apply ILR for himself by 2022 using his 10 year route when I will be already in my PR?



Please advise



Regards
KKVJ

1. What are the difference in rights to live work in UK between ILR holder and ILR dependent?

What do you mean the difference in rights??? An ILR Dependent (no such visa name by the way) or as correctly known as a Spouse Visa, has rights in the UK as long as the spouse holding ILR is also present and settled in the UK.

2. Can a dependent live in UK alone for 6 months without the main applicant?

For what reason will the ILR person leave the UK?

3. Can he apply ILR for himself by 2022 using his 10 year route when I will be already in my PR?

If the questions at the start of this topic are your husbands, then yes he can apply in September 2022 if he meets all the requirements for long residence ILR.