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Tier1 dependent stay for ILR-Does multiple stay consolidated

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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MSM
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Tier1 dependent stay for ILR-Does multiple stay consolidated

Post by MSM » Thu Mar 08, 2012 3:44 pm

Hi,

First of all many thanks to the guys on forum for their invaluable help.

I have searched existing posts for my query but I couldnt find exact answer for my query, and please excuse me if this is repeatative.

My query is related to Tier1(general) dependent stay towards ILR, as I understand that dependent and main applicant must stay together for the period of 2yrs in UK, but I have different scenario that my wife came here in UK Nov'2009 stayed with me for about 10months (Nov'2009-July'2010) and then returned home, came back to UK again in August'2011, after a one full year gap(Aug2010-Aug'2011), and currently she is living with with me.

My ILR is due in April2013, by this time my wife would have stayed in UK for about 16months(less than 2yrs). That is she never stayed with me for full 2years
================
first time(Nov2009-July2010) :10months
second(Aug2011-April2012) :16months
==========================
So in total my dependent would have stayed with me in UK for more than 2years but not 2years in a single stretch. my query is that

1)Does she qualify for ILR along with me in April2013?

2)If she doesnt qualify, whether would this be good idea that I go for another extention and wait for my dependent to qualify for ILR along with me OR, I get ILR first then switch my dependent category to settled person's dependent?

I thank for your reply,
regards.

Lucapooka
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Posts: 7616
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Location: Brasil

Re: Tier1 dependent stay for ILR-Does multiple stay consolid

Post by Lucapooka » Thu Mar 08, 2012 4:08 pm

When you apply for ILR, as long as you have been married and living in the UK for two years (both conditions), and she has leave as your PBS dependant, she can apply for ILR jointly with you. Days absent are not considered and it does matter that she has not been in the UK for a continuous unbroken period of two years; it's merely necessary that the period her residence started as your wife at least two years ago.

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: Tier1 dependent stay for ILR-Does multiple stay consolid

Post by Lucapooka » Thu Mar 08, 2012 4:08 pm

When you apply for ILR, as long as you have been married and living in the UK for two years (both conditions), and she has leave as your PBS dependant, she can apply for ILR jointly with you. Days absent are not considered and it does matter that she has not been in the UK for a continuous unbroken period of two years; it's merely necessary that the period her residence started as your wife at least two years ago.

MSM
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Joined: Thu Mar 08, 2012 3:13 pm

Re: Tier1 dependent stay for ILR-Does multiple stay consolid

Post by MSM » Fri Mar 09, 2012 2:38 pm

Hi Lucapooka,

Many thanks for your reply. Do you mean my wife can apply for ILR along with me even though her stay in UK is 16months, do they give any weightage for previous stay as well?.
Many thanks

Lucapooka wrote:When you apply for ILR, as long as you have been married and living in the UK for two years (both conditions), and she has leave as your PBS dependant, she can apply for ILR jointly with you. Days absent are not considered and it does matter that she has not been in the UK for a continuous unbroken period of two years; it's merely necessary that the period her residence started as your wife at least two years ago.

QuickSam
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Post by QuickSam » Fri Mar 09, 2012 2:40 pm

The are of reading between the lines is rare :P
Give me more Karma (+)

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