Tier 1 Dependent Query - 180 day rule?

[Kanika83]

Hello,

I am on Tier-1(general) since April 2010 and my Wife got the Tier 1 dependent in March 2010.
We both will qualify for ILR in 2015. My wife is now pregnant and plans for delivery in India and be in India from August 2014 till March 2014 (more than 180 days).
I understand the 180 days continuous rule within last 12 months applies for main applicant. But what will be the scenario for my Wife?
As she needs to be here for 2 years before applying for ILR - but she has been except the last year where she will cross the 180 day limit. We are really confused!!

Can anyone please enlighten us on the same and confirm when can she apply for ILR - same time as me or does she have to serve the 2 year period again if she is out for more than 180 days?

Thanks and Regards,
Tej

[Kanika83]

Guys please suggest, has anybody had the same issue.
Your reply would really be beneficial to make a decision.

In short, I am applying for my ILR next year and my wife will go to India for 7 months and will be joining with me at the time of application. Will she be eligible for ILR ? Does the 180 rule apply to her as well??

Please reply.
Thank you.

[sudeepss]

Your wife needs to be with you continously for 2 years before the date u apply for ur ilr. In your case u can apply for ilr and for your wife flr (m)

[Kanika83]

Thanks for your reply Sudeepss, my wife already has a tier 1 dependent till 2016.
MY query is can she apply with me from UK as she would have completed 5 years continuous period with me, with an exception in the last year of her being outside for 7 months??

[Kanika83]

Any Help or suggestions please??

[ashehzi]

I have the same question. Any answers would be useful.

[ashehzi]

Hi,

Did you get any response? Please share the conclusion. Thanks.