ILR/dependent status

[Zahid76]

Dear Respected Members of Board Especially Zimba, Mac and CR001,

I am a silent member of this forum. Could your please answer my query.

i am currently on Tier 1 entrepreneur visa and my indefinite is due by 25/11/2018. my wife came
to this country as my tier 1 ent dependent on 31-03-2015. she got visa till as my dependent till 06-2018.

Q1. if i am going to apply ILR can she complete her 5 year on same visa or she need to change after
my ILR and wait another 5 years.

Q2. Can she spend more than 90 days outside uk in one go or not.

I will really appreciate the other respective members suggestions as well.

Thank you

[marcnath]

Dear Respected Members of Board Especially Zimba, Mac and CR001,

I am a silent member of this forum. Could your please answer my query.

i am currently on Tier 1 entrepreneur visa and my indefinite is due by 25/11/2018. my wife came
to this country as my tier 1 ent dependent on 31-03-2015. she got visa till as my dependent till 06-2018.

Q1. if i am going to apply ILR can she complete her 5 year on same visa or she need to change after
my ILR and wait another 5 years.

She continues as a PBS dependant. When her visa is up for renewal, you should still apply extension as a PBS dependant, not as partner of a settled person, in order to maintain the 5 year continuity.

Q2. Can she spend more than 90 days outside uk in one go or not.

There is no 90 day criteria.

With her current visa, there are no restrictions at all on travel days.

However, after her next renewal, she will be restricted to max 180 days/12 months

[Zahid76]

Dear Marcnath,

Thank you so much for your clarification. Just to check actually she got visa in 04/2015. in april 2017 we applied for extension which was approved last week. Now i will apply for ILR in Nov 2018. but she can carry
on with her PBS dependent visa which is valid till June 2018. But her 5 year as dependent will be completed
in March 2020. So she can apply for ILR by March 2010. am i correct otherwise please explain.

I appreciate your kind suggestion.

[marcnath]

Dear Marcnath,

Thank you so much for your clarification. Just to check actually she got visa in 04/2015. in april 2017 we applied for extension which was approved last week. Now i will apply for ILR in Nov 2018. but she can carry
on with her PBS dependent visa which is valid till June 2018. But her 5 year as dependent will be completed
in March 2020. So she can apply for ILR by March 2010. am i correct otherwise please explain.

I appreciate your kind suggestion.

Is her visa is valid only until this month ?
Yes, she can apply for ILR in Mar 2020. She must not have been out of the country for more than 180 days in any 12 month period from the latest extension grant.

[Zahid76]

no she got extension from june 2018 till june 2020.

[Zahid76]

she came to this country in april 2015. Applied extension in april 2017 as dependent where i was the main applicant. extension granted in june 2018.

Thank you

[Djsuccess]

she came to this country in april 2015. Applied extension in april 2017 as dependent where i was the main applicant. extension granted in june 2018.

Thank you

Are you saying it took more than 1 year to approve her extension application? Applied in April 2017, granted in June 2018? Just out of curiosity!

@Marcnath has given you the right response as to when she can apply for ILR and absences