Dependant 2 year requirement

[h200123]

Hi All,

I am on Tier 1 visa and my wife is on Tier 1 dependant.

I satisfy for the requirement of ILR but I am not sure about my wife because of the 2 years stay requirement.

In total of 5 years she has stayed with me more than 2 years but it is not continues like

year 1= she was back hom
year 2= 8 months (stayed in uk)
then gap of 6 months (back home)
years 3= 10 months (stayed in uk)
year 4= gap of 4 months( back home)
year 5= 10 months (in uk)

so total =8 +10+10=28 months that is more than 2 years stay in uk in 5 years but its not continues so my question do they check the continues 2 years recent period or total 2 years stay in 5 years? can I apply ILR for her at the same time with me?

Thanks

[dk2011]

She is eligible . There is no absence limit for dependents but it should be limited and for good reasons. If asked , you just need to explain why she was away especially for 4 months in year 4(Year 4 and 5 can be considered as residence requirement) . That's it.

[dk2011]

All her VISA extension was done in UK ? If yes , then no issues.

[h200123]

Ok thanks for your reply.

Extensions were done in UK.

Yes she was away for 8 months for the baby delivery reason.

and she was away for 4 months for back home family issues.

One thing you mentioned that year 4 and 5 are residence reqiurement and if we see only year 4 and year 5 her stay is not complete 2 years but if we see it since she came to UK in year 2 then she covers more than 2 years.. so are you sure there will be no problem in getting the ILR?

Thanks

[dk2011]

Yes. She shouldn't have any issues.