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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7406
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I am on Tier-1 general visa with my spouse

This answer was rated:

Hi I am on Tier-1 general visa with my spouse and son My VISA was granted on 04/02/2009. I first came to UK on 02/03/2009 .Recently my VISA has been extended until 03/05/2014 My son & Spouse were granted on 01/07/2009 they also have extension until 03/05/2014 as I applied for 2 years extension at the same time I am due for Indefinite leave application on 03/05/2014 do my Dependant also qualify at the same time although they complete 5 years stay on 31/06/2014 many Thanks wr Optional Information:


What is your specific question please?

Customer: replied 3 years ago.


1.When is the earliest I can apply for ILR

2.How many days of leaves in 5 years can I have (out of UK)

3.Will the same condition apply for my dependants (Spouse and son)




I will answer at 9bst

Customer: replied 3 years ago.
Sorry what's 9bst????

Thanks for your patience.

Your wife and child will qualify for ILR after they have completed their five years in the UK, so because they were granted their original leave to remain slightly later than you they will qualify for ILR slightly later too and you have calculated the correct date for them in your original question.


You will qualify for ILR once you have completed 5 years in the UK so by my calculations if you came here on 2/3/2009 you will qualify on 2/3/2014 and can apply then.

Previously, the general time outside the country was no more than 90 days in any one single trip and no more than 180 days in total over the 5 year period. However this has recently changed to be more flexible. You will see from the following link that the requirement is no that you should not be outside of the UK for more than 180 days in any 12 months period:-

So provided you meet this you should be fine

The same conditions will apply to your wife and son.

.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 3 years ago.

Dear T-Graham

Many Thanks

a bit of technical .As I have mentioned above for my wife and son they complete 5 years on 31/06/2014 BUT the 2 yrs extention they were given expires on 03/05/2014 about 28 days before they complete 5 years

What should I do.Will I be able to apply for ILR or I have to apply for further

extention.Again my son has to join Univeristy on 1st of sept 2014 and as you know to qualify as a home student he needs to have ILR visa.If I apply for general extention will I be able to apply for ILR after 28 days!!!

will be very very expensive?? This is were your expertise will help

Many Thanks



You are allowed to submit applications for ILR 28 days before you become eligible to apply. Please see the penultimate paragraph under the heading "Applying for settlement from inside the UK":-

Therefore, on the final day of her leave she shoudl be eligible to apply for ILR. So, if they can arrange an appointment for this day she shoudl be fine.

Please rate my answer.

Thomas, Solicitor
Satisfied Customers: 7406
Experience: BA (Hons), PgDip, Practising Solicitor
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