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Hiya,

I am currently in the UK on TIer1 General and earlier I was on WP, and completed 5years in the UK under these 2 categories combined.

My wife joined with me in the UK as Tier1 dependant on Apr2011, so we will be completing 2 years leaving together on April 2013 but next month she is going to my home country for maternity reason and she will be in home country for say 6months, so would we be eligible for applying ILR after April 2013 because this is the month she will be completing 2years together in the UK though she will be out of UK for 6months for maternity reason.

I have been told that the dependant cannot be out of UK for a specific period of time to be eligible for applying ILR as my dependant.

Can some one clarify in my case would there be any issue in applying ILR for me being main applicant and my wife and kid being my dependants?

Many thanks!!

As per me, if your ILR (earlier extension/switch) was issued for 3 years, then one can show that their wife/husband living together for at least 2 years in last 3 years and IF ILR (earlier extension/switch) was issue for 2 years, then one MUST show that their wife/husband is living together for immediate 2 years back from the date of their application.

Other seniors can throw more light on this.

Sorry I am confused here, because if you get ILR then there is no end date for its validity thats what its being called as Indefinite Leave to Remain so can you clarify what are you saying about ILR was issued for 2years or 3 years?

Or my understanding is not correct?