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Is my dependant entitled to ILR?

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PRapplicant
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Posts: 22
Joined: Tue Jul 05, 2011 5:30 pm

Is my dependant entitled to ILR?

Post by PRapplicant » Tue Jan 10, 2012 4:35 pm

I am due to apply ILR next month, 3 years of work permit and 2 years T1 G.

I got a question regarding dependant....

My husband and I came to UK in 2003, we always lived together until mid of 2008, then he went back home to do a business with his friends. From mid of 2008 to Nov 2011, he comes to UK a few times to stay with me and my son, each time for a couple of months, then he has to go back again to look after business back home.

He now handed the business over to his partner and stays with us in UK, no intention to go back again. He came back to UK beginning of Nov 2011

In his case, is he entitled to ILR same time with me?

I checked Immigration Directory Instructions, it says depandants are not subject to absence period requirement, but on the other hand it says dependant needs to live with main applicant for over 2 years.

Can anyone help me to interprete whether the above 2 instructions are contradicting to each other?

I am a bit confused....
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man4uni
Member
Posts: 235
Joined: Fri Jun 18, 2010 12:12 am
Location: London

Post by man4uni » Tue Jan 10, 2012 6:06 pm

I have recently verified with the Home Office regarding the ILR category for dependent. The only 2 things they have emphasized

1. Dependent should have stayed with the Primary applicant for 2 years. Its not mandatory that the 2 years should be constant.
2. Dependent should pass the Living in the UK test.

However the above info is for Tier - 1.

Hopefully senior members in the forum should be able to help you more.

Good Luck!
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Jan 10, 2012 9:33 pm

What were/is your husband's immigration status?
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man4uni
Member
Posts: 235
Joined: Fri Jun 18, 2010 12:12 am
Location: London

Post by man4uni » Wed Jan 11, 2012 9:15 am

My wife's status is Tier-1 Dependent. Mine is Tier-1 :D
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PRapplicant
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Posts: 22
Joined: Tue Jul 05, 2011 5:30 pm

Post by PRapplicant » Wed Jan 11, 2012 9:53 am

My husband is my depandent since Feb 2007.

He was work permit depandent, then T1 General depandent.
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PRapplicant
Newly Registered
Posts: 22
Joined: Tue Jul 05, 2011 5:30 pm

Post by PRapplicant » Wed Jan 11, 2012 9:55 am

man4uni wrote:I have recently verified with the Home Office regarding the ILR category for dependent. The only 2 things they have emphasized

1. Dependent should have stayed with the Primary applicant for 2 years. Its not mandatory that the 2 years should be constant.
2. Dependent should pass the Living in the UK test.

However the above info is for Tier - 1.

Hopefully senior members in the forum should be able to help you more.

Good Luck!
Thanks for the points above, I feel a bit more confident now.
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