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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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• I am working in the UK since 7/7/2009 with a Tier 2 Visa

Customer Question

• I am working in the UK since 7/7/2009 with a Tier 2 Visa to start with. My wife accompanied me since then. We changed together to Tier 1 visa(and wife as dependent) on 23/3/2010. • My wife went to India for a course of 5 months from 2/12/2010 till 11/05/2011 before coming back to UK. • She went to India again on 24/08/2012 for maternity reasons. While in India, her Tier 1 Visa expired on 23/03/2013. I was in UK at that time and was able to extend my Tier 1 visa till 19/04/2015. • Our daughter was born on 6/5/2013. • We renewed the Tier1 dependent visa for my wife and got a new visa for my daughter while in India. The surname of my wife was also changed (to spouse surname) and this required the renewal of the Indian passport. This was all done together by June 2013. • They have come over to the UK now only in August 2014 to join me as my wife had a course and exams. I would appreciate if you can clear my queries below. o I am now due for the ILR from 7/7/2014 onwards. I was wondering if there is anyway my wife and daughter can also apply for the settlement along with me. Would you please advice me regarding this. My wife has stayed in the UK From 7/7/2009 till 23/08/2012 with an interruption of about 5 months (02/12/2010 to 11/05/2011) for one of her courses to be completed. Again while in India another time her Visa was expired by 23/03/2013 and could only be renewed by 20th June 2013. According to the transitional provisions in rule 8, 319 (E) it says the leave needs to be extant/continuous the specified period being 2 years. Together with that the alteration in the rule by November 2014 also mentions about expiry of the leave abroad. I am not sure about the definition of. The word "extant" here. Is the application given before 9th July 2012 not valid here as the tier 1 general dependent Visa is initially granted for 3 years and is extendable after that for furthet 2 years under the same application helping for ILR as the aim(mentioned in the guideline of Tier 1application). I wonder it were a single application for the whole of 5 years and if my wife can apply for ILR. If refused would they provide her with FLR(M) automatically or does she need to apply again? Many Thanks Arun

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola,

I am okay to wait.

Thank you'

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.

That is okay Nichola. I agree with you. Thank you

Arun

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