ILR - restrictions for spouse

[reji79]

Hi All,

I have a query regarding the requirements for the ILR for the spouse.
I am here on Tier 1 - General Visa and eligible for ILR in Mar 2011.
My wife is on dependent visa. She is pregnant now and she is planning to go to India for delivery by end of October 2010. Our plan is to apply for ILR once she back from India in Mar 2011. She first came to UK in Feb 2009.

Is there any requirement for the spouse to be in UK for a minimum period to be eligible for PR? I was told from HO enquiries that the spouse has to be in the UK for 2 years to apply for PR.

Also will it be a problem if she was out of country 5 months just before the applying for PR.


any idea?

thanks in advance

[geriatrix]

Unless you share what your immigration status in the UK is, difficult for anyone to tell you what rules apply to your wife (dependent)!


regards

[reji79]

Sorry. I forgot to mention that. I am on Tier 1 General visa and my wife is on dependent visa.

Unless you share what your immigration status in the UK is, difficult for anyone to tell you what rules apply to your wife (dependent)!


regards

[geriatrix]

Dependents of Tier 1 (General) migrants are not subject to restrictions regarding absences from the UK. This said, you spouse will be eligible for settlement only after 2 years of entering UK as your dependent.

If she is eligible for settlement at the same time as you, you may include her as your dependent in your settlement application. If not, then when you are granted ILR your wife will need to either apply for extension of leave as spouse of settled person (if in UK) or EC as spouse of settled person (if outside UK).


Were you on HSMP visa at any time in the past? If so, when did you apply for HSMP approval (initial approval application, not EC application)?


regards

[reji79]

Thank you for the reply.

So this means she can apply with me same time as she will complete 2 years by then even though she is out of the country for 5 months.

I entered UK on work permit on Mar 2006. them changed to HSMP in Mar 2008 and again moved to Tier 1 General on Nov 2009 and now have leave till Mar 2013

My wife entered UK on Feb 2009 as HSMP dependent and now is Tier 1 dependent.

thanks
Reji

Dependents of Tier 1 (General) migrants are not subject to restrictions regarding absences from the UK. This said, you spouse will be eligible for settlement only after 2 years of entering UK as your dependent.

If she is eligible for settlement at the same time as you, you may include her as your dependent in your settlement application. If not, then when you are granted ILR your wife will need to either apply for extension of leave as spouse of settled person (if in UK) or EC as spouse of settled person (if outside UK).


Were you on HSMP visa at any time in the past? If so, when did you apply for HSMP approval (initial approval application, not EC application)?


regards

[geriatrix]

Since your wife entered UK in Feb 2009, she will be eligible for ILR at the same time as you in March 2011.

Yes, your wife may apply for settlement even though she might stay in home country between Oct'10 - Mar'11.


regards

[reji79]

Thats good news for us.
Thank you for your prompt reply.

regards

Since your wife entered UK in Feb 2009, she will be eligible for ILR at the same time as you in March 2011.

Yes, your wife may apply for settlement even though she might stay in home country between Oct'10 - Mar'11.


regards

[vinny]

Don't forget about the KOL requirement for both you and your wife.

Baby will need to apply for a dependant visa, etc., in order to enter the UK.