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Dependant(spouse) stay in UK for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rk_alay
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Posts: 15
Joined: Fri Mar 20, 2009 8:01 am

Dependant(spouse) stay in UK for ILR

Post by rk_alay » Sat Apr 17, 2010 4:38 pm

Hi,
My wife is staying with me from past 3 years in UK, but not continously(went to india 3-4 times). Did the minimum 2 years stay requirment for spouse in UK should be continous or can with breaks.

Regards,
Alay

dimsav
Member
Posts: 210
Joined: Mon Apr 12, 2010 12:52 pm

Post by dimsav » Sat Apr 17, 2010 7:03 pm

rk_alay, what is your wife's visa?
- For a WP dependant, there is no restriction of 2 years at all, see 196D;
- For a Tier 1/2 dependant, the 2 years requirement is for the period of living together in the UK in marriage, see 319E(d).
So, breaks are allowed. You may also have a look at this thread.

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