UK Immigration Law
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My current situation:-------------------------------I am currently in UK under Tier 1 (general) category and have become eligible for applying for ILR and I can apply for the same any time from now. My tier 1 validity is until Jan 2013. My wife who was with me as Tier 1 dependant has gone back to India on Maternity leave. She and Baby are planning to comeback to UK in May.
Timelines of my wife's time in UK:---------------------------------------------
Jan 2009 - She came to UK under Work Permit Category. Dec 2010 - Swithced to Tier 1 dependant category.Nov 2011 - Left UK on maternity leaveMay 2012 - Planning to comeback to UK (as Tier 1 Dependent or Spousal Visa)
My questions are as follows-------------------------------------1. If I delay my ILR application until my wife and baby come back, will I be able to include them in my application?2. If I process my ILR now, when will dependants become eligible for ILR after they join me (As spouse and child) in May 2012.
Couple of questions regarding the answer number 1
a. In May,my wife would've been away from UK for close to 180 days. Will that be an issue?
b. Though we have been living together as husband and wife from Jan 2009, she changed visa category and became my Dependant only in Dec 2010. (until then she was a in Work Permit Category) Is there a rule which says, dependants in ILR applciation should've completed at least 2 years as dependants?
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made; and
Just One more question regarding Child -
Will Child need to spend two years after coming to UK (as Tier 1 dependant) before it can apply for ILR?
Regarding this service - Once I accept the answer How long can I make follow up queries?
The service of £46 for one month - Is that a different one from the one I am using now?
I had a chat with one of UKBA representatives over the phone. They are of the opinion that dependent should complete 2 years as dependant for them to become eligible for applying along with main ILR applicant. Rule they were referring to was Paragraph 287 of immigration rules
Could you please confirm your answer
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