Immigrationboards.com

Hi All,

Myself, Thippesh (currently on Tier 2 General Visa and eligible to apply for ILR on 5th November 2018.
I would like to get some clarification related to the new 180 days rule mainly for my wife's ILR eligibility.

My current status:
Currently I am a TIER 2 General Visa holder, I have my ILR appointment to be booked for 5th November 2018.

My dependents status:
My wife got her TIER 2 dependant visa on 2nd December 2013, her extension on 10th October 2016 and it is valid until 16th October 2019. My son was born on 2nd April 2017, he was born in India and he got TIER 2 dependant visa in 7th April 2018 and valid until 16 October 2019.

My wife was in India for the following dates,

1. From 10th Dec 2016 to 8th April 2018 (16 months continuous absence for pregnancy and maternity)
My Son entered UK on 8th April 2018.

I am planning to apply for my wife's ILR sometime during Nov 2018 along with me . Based on the above dates, my wife will be exceeding the 180 days rule, in this situation I would like to get clarification of the below questions,
1. Is the absence more than 180 days from 10th December 2016 to 8th April 2018 will break continuous residence rule for ILR?
2. If not, then can I make ILR application of mine and my wife's at the same time? If so, which application form and what documents to be used for wife's application? Do I need to use two application forms (one for each)?
3. If the new 180 days rule is applicable, then when will my wife is eligible to ILR?
4. Is my son eligible for ILR ?

Many thanks in advance for your help.

1. Is the absence more than 180 days from 10th December 2016 to 8th April 2018 will break continuous residence rule for ILR?

No, there is NO absence limit for PBS dependants who got their visa issued before 18 Jan 2018

2. If not, then can I make ILR application of mine and my wife's at the same time? If so, which application form and what documents to be used for wife's application? Do I need to use two application forms (one for each)?

You both need only one application form SET(O)

3. If the new 180 days rule is applicable, then when will my wife is eligible to ILR?

Not applicable

4. Is my son eligible for ILR ?

You can apply for his ILR at the same time, as both parents are granted ILR

Hi Zimba,

Thanks for clarification of the questions I have posted.

Do you know or Does any one know about the ILR application for dependents (who had break more than 180 days during continuous 12 month period and whose Tier 2 dependent visa issued before Jan 2018) who applied recently and had successful outcome?

It will be of great help for people like me to get their experience and some information about preparing ILR application.

Many thanks
thippesh

I do not know any cases but must be on the forums for sure but the rules are pretty clear anyway

Hi Thippesh,

How are you planning to provide last 2 years of Cohabitation document given that your wife was away between Dec 2016 to April 2018.

Hi Kumar84,
What are the cohabitation documents? What do I need to provide? Did you had same case with your dependent ILR visa?

Thanks for reply
Thippesh

Hi,

Me and my wife are planning to apply for the ILR application under 5 year route from Tie2 category.
We both got Tier 2 General visa on 2nd December 2013 and got extended again on 12th October 2016 till 16th October 2019. I am the main applicant (who did not had any breaks more than 30 days in 12 month continuous period). My wife had more than 365 days break (From 8th Dec 2016 till 7th April 2018).

As per new guidance rules and clarification from the immigrationboards moderators, my wife is eligible to apply for ILR same time with me (is this correct?).

I am planning to make application on 8th November 2018 (will this fall within 28 days prior to 5 years?).

For my wife's application, what/which cohabitation proofs do I need to give (since she was out of the country for more than a year)?

Please give advice on this.

Kind regards
thippesh

Proof of Subsisting marriage.

Thanks vinny. I will read through the document link.