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Hello Experts..

I would appreciate your valuable response in my following concern regarding ILR application of my spouse and child;

I am on Tier 1 visa, came to UK in June 2010 and completing my 5yrs continuous stay in June 2015 and going for the ILR. My dependants came in Jan 2011 and they would be completing their 5yrs in Jan 2016. However, my wife and child were out of UK for more than a year(18May2013-25May2014) during this 5yr period. My concern is can I apply their ILR along with mine in June. There is a genuine reason for the out of UK stay of my wife as her father was ill and we can provide the proof.

Please note, the visa of the dependants is continuous. I mean they had visa from jan 2011 to Mar 2013, Mar 2013to Mar 2015 and now valid until Nov 2017. So no break in visa.

Many thanks for your kind advice.

Regards,
Aks

If she didn't apply for any further entry clearances during her time as your dependant, then I think that she may be okay. She may have to provide evidence that her marriage was subsisting at the time of her absences.

Many thanks Vinny. So then what proof need to be shown that marriage is subsisting. Because after 1yr(her father passed away) she came back to uk. We can show that may be with death cert. Other than that, part 8 of immigration rules does not state that the 2yrs period must be continuous immediate prior to the application. It mentions 2yrs of staying with the PBS main applicant after getting entry clearance, so it could be any two yrs within that 5yr period, in which case she qualifies.

Please correct me if I am wrong.

many thanks again.

Reg,
Amiya