ILR - Tier 1 General Dependent Requirements.

[E44302]

Hello Dear members and moderators,

I had a real quick question. I have got my ILR this year. I now need to apply for ILR for my wife. She entered the UK in Feb 2013 and went back in October 2013 for the birth of our child. After that she was back in April 2014 (after approx 190 days) and has been with me since then. There have been a few more vacations after that as well when we went back to our home country. However those were just under around 20-25 days each visit.

I have checked on the Gov UK website and the requirements there show that all she needs to do is:

Complete 5 years
Prove the relationship is genuine
LIUK test
Satisfy english language requirement

There is no clause where it talks about continous period broken etc. Is that only applicable to the main applicant which is me?

Would this mean she would be eligible for ILR next year in Feb 2018 (as she would complete 5 years with first entry to UK in Feb 2013) even though she has spent around 190 days outside in one go and in addition to a few other holidays as well which we went for?

Additionally we are also planning to go back home for a around 3-4 month towards the end of this year and be back next year before Feb 2018 to apply for the ILR. So this period would also would add up to the number of days outside the UK for her.

Thank you for your help!

[E44302]

And are there any IHS surcharges applicable to Tier 1 (General) Dependents who are applying for their ILR ?

I would appreciate if anyone could comment on the above 2 posts for me please. I think dependents applying for ILR dont have to pay IHS surcharge. Can someone confirm this ?

[E44302]

any comments\help forum members?

[robinpaul78]

No IHS for Tier 1 Dependents ILR application
There is no continuity requirement that i have seen for dependents. So if your wife had a valid visa throughout the last 5 years without any break, it should be fine.

[E44302]

Thanks for your reply.

IHS query resolved.

Regarding the other bit, yes so she has a valid tier 1 dependent visa all throughout the 5 years. What do u imply when you say without a break? A break as in from shifting one visa to another? Is that right?

[robinpaul78]

Thanks for your reply.

IHS query resolved.

Regarding the other bit, yes so she has a valid tier 1 dependent visa all throughout the 5 years. What do u imply when you say without a break? A break as in from shifting one visa to another? Is that right?

I meant she was on a Tier 1 Dependent visa throughout the 5 year period and you have renewed her previous dependent visa before it got expired.

This is my view... but i let the moderators to comment/confirm the same.