Tier 1 General - Dependent and ILR

[diliprajan]

Dear Forum members,

I become eligible for ILR this July 2014. I got my Tier 1 General visa June 2009 however my first entry was on July 2010. My spouse followed me on March 2011 under Tier 1 General Dependent visa rule before 9th July 2012. She had to leave UK for her maternity period from October 2011 to September 2012. During her motherhood her visa got expired June 2012 while my visa extension was in progress and had to reapply visa for her on August 2012 along with the new born. Both mother and baby traveled to UK September 2012 and we all gone through more than 2 years currently living in UK.

Will my wife become eligible for the "2 years if you applied for that visa before 9 July 2012" rule as her first entry was before the new rule ?

[sagareva]

sadly, no
she lost her status when she let it expire abroad, and will be now treated as a new dependant whose leave was first granted after July 2012

[diliprajan]

Many Thanks for your response

[haiksuresh]

sagareva was correct, she need to wait 5 years from September 2012 to eligible for ILR. And one more thing you will be eligible for ILR in the month of June 2015 i.e 4 years 11 months 2 days from July 2010.

Regards,
Suresh

[UpendraBestha]

Hi,

It regarding the same Tier1 General _ Dependent and ILR query.

My Wife got her visa Stamped in April 2012 but joined me in the month May 2012. Whats her ILR eligibility? Is she required to spent 5 Years or 2 Years to be eligible for ILR?

Thanks
UB

[vinny]

2 years, unless you were granted ILR under Long Residence.

[UpendraBestha]

Apologies, I have not granted ILR yet. I ( Main Applicant) will be eligible for ILR only after July 2016, ie. completing 5 Years by that time so I am not sure whether my wife should spend 5 Years or 2 Years stay in UK?

And not sure what the Long Residence Means? Is it applicable to Tier1 General Migrant Applicants as well?

Thanks
UB.

[vinny]

You may include your wife in your ILR application, as she has spent at least 2 years in the UK.