Request for info/guidance on ILR

Dear members,

I have some doubts regarding ILR for dependents. I have read a few threads in this blog, but not clear as to where my situation fits.

I was granted ILR on the 17th Sep 2015. I previously had tier 1 general visa.

I have two dependents
1. Wife
Entry in UK: May 2011
Major Absence: Consecutive 10 months between Nov 2013 and Sep 2014
Reason: Delivery of our baby.
Currently in UK since Sep 2014.
Visa: Tier 1 dependent, valid till Dec 2015

2. Baby
Entry in UK: Sep 2014
Currently in UK
Visa: Tier 1 dependent, valid till Dec 2015

I had called up home office a few times to confirm if my wife can apply for ILR. On every occasion the answer was 'no' due to her absences, despite the reason being medical related. I was further told that I can apply for my baby's ILR.

At the PEO(Croydon) it was a completely different reply. I was told I should have applied for both dependents ILR on the same form! She said they are less strict for Tier 1 visas and wife's absences don't matter that much! How am I supposed to know this now?

They granted me ILR but refused my baby's application (needless to say money gone down the drain).
I explained them the whole reasoning and all they suggested was an admin review.

So now I am looking to get some advise before doing any further application.

Please advise what form I should use to apply for extending my family's stay in the UK.

Called the home office to confirm this point. One lady said FLR (m) for wife and MN1 for baby.
Called again in one hour, the man on the phone said FLR (o)!

In the guidance notes of these forms its clear that this is not for dependents of ILR holders via work route.

Appreciate any help,
Yours sincerely.

Dear all,

Would appreciate some response.

Please can someone guide me on what my best options are to extend my family's stay?

Regards

HO is know to give incorrect advice over the phone.

Your baby does not qualify for MN1 as the baby was not born in the UK.

Baby will qualify for ILR in line with the mother. If you obtained ILR based on 5 years PBS, then your dependents can continue to extend their visa on the PBS Dependent form.

If they switch to FLR(M), their clock for ILR will reset to zero and they will have to wait a further 5 years on FLR(M) before qualifying for ILR.

Your wife should qualify for ILR as PBS Dependent but she would need to submit proof of 2 years cohabitation.

Thanks Sir for your reply.

I understand I can use Set(o) form for my wife. Can I use the same form for my baby too?
My wife is financially dependent on me and hence she cannot provide source of income. I hope this is fine.

About the absences, she was out of the country about10 months as I mentioned before (for maternity).

Is this going to be an issue? Is maternity a good enough reason for HO to grant ILR despite absences more than 180 days?

I'm really in a panic mode right now.

Please help.

Cinna wrote:Is maternity a good enough reason for HO to grant ILR despite absences more than 180 days?

No.

CR001 wrote:Your wife should qualify for ILR as PBS Dependent but she would need to submit proof of 2 years cohabitation.

Char, would absence for more than 180 days not break continuity of residence and would the clock not have reset to September 2014 anyway?

Cinna
Can you give us the timelines of the dates your wife's visas were granted and expired on?

See also Dependants of ILR (economic 5 year route applicants).

secret.simon wrote:

Cinna wrote:Is maternity a good enough reason for HO to grant ILR despite absences more than 180 days?

No.

CR001 wrote:Your wife should qualify for ILR as PBS Dependent but she would need to submit proof of 2 years cohabitation.

Char, would absence for more than 180 days not break continuity of residence and would the clock not have reset to September 2014 anyway?

Cinna
Can you give us the timelines of the dates your wife's visas were granted and expired on?

Dear Secret Simon,
Wife's visa details
T1 entry Visa started : September 2010
1st Entry in UK: May 2011
Left the UK for maternity in Nov 2013, returned with baby in Sep 2014
Currently in UK since Sep 2014.
Visa: Tier 1 dependent, valid till Dec 2015

Baby's visa is valid till Dec 2015 as well.

Hi,

I am tending to take a risk free route and apply for FLR for my wife and baby instead of ILR.

If they apply for ILR and it gets refused for some other reason it would be a disaster for me!

Regards,
Cinna

Hi everybody,

Thanks for all the replies and advice so far.

My wife and baby have been granted ILR as PBS dependents.

We provided cohabitation documents, bank statements, marriage certificate, Child's birth certificate (from India)
Croydon PEO.

Best wishes!