ILR - Dependant absence from UK

pmw456 · Post by **pmw456** » Sat Apr 16, 2011 11:28 am

Hi,
My wife is 20 weeks pregnant and wants to visit India to have our baby. She wants to stay at least for 6 months in India before returning back to UK. Currently, we are on Tier 1 General (valid until Jan 2013). However I will be in UK and would visit her couple of times during her stay in India. Will her stay affect our ILR application? I will be eligible for ILR in Aug 2011. How long can she stay continuously? (I will be main applicant and will not be outside UK for more than 90 day as suggested by Home office). I would really appreciate if someone can advice us on this.
Thanks in advance
pmw456

Post by **vinny** » Sat Apr 16, 2011 12:16 pm

Consider having the child born in the UK.

rajesh9pl · Post by **rajesh9pl** » Sat Apr 16, 2011 1:01 pm

To apply ILR, a dependent needs to be in UK for last 2 years, continuously. If she travels to India to have baby, she won't be eligible to apply ILR as dependent. However, she can always extend are leave (Leave to Remain or Futher Leave to Remain) as dependent of ILR holder (you).

A pregnent lady should deliver baby where she is comfortable and have strong faith in medical system. I am one who hates NHS for their lazy services.

Post by **vinny** » Sat Apr 16, 2011 1:20 pm

"Continuous" is not referred to in 319E.

pmw456 · Post by **pmw456** » Mon Apr 18, 2011 12:37 am

Dear Vinny and rajesh9pl,

Many thanks for your advice. My wife has been in UK for last 3 years will that be sufficient. Does she need to be here "continuously" before applying for ILR along with me?

Thanks again,
pmw

vik_mad · Post by **vik_mad** » Mon Apr 18, 2011 10:04 am

Hi Vinny,

could you please advise if my spouse is out of the UK on holidays for couple of weeks in last 2 years or just before the due date of ILR, would that affect the application?

also when they say continuous does that mean no holidays as well?

thanks,

Post by **vinny** » Mon Apr 18, 2011 10:11 am

See also Indefinite leave to remain - calculating continuous period in UK.

gentlejuke · Post by **gentlejuke** » Mon Apr 18, 2011 10:50 am

pmw456 - Pls refer all responses from Vinny. At the same time here with my personel sugegstions.

1. You or your wife stay outside UK for more than 90days before SET(0) submition will affect ILR eligibility.

2. If you plan to have a baby birth in UK. You can directly apply for Citizenship for him/her after you get your ILR.

kshahzad · Post by **kshahzad** » Tue Apr 19, 2011 6:57 am

where are you guys finding this time period of 90 days from? how do you guys define "continuous" presence in UK? any links referring to either of these please?

apply4hsmp · Post by **apply4hsmp** » Tue Apr 19, 2011 10:09 am

gentlejuke wrote:pmw456 - Pls refer all responses from Vinny. At the same time here with my personel sugegstions.

1. You or your wife stay outside UK for more than 90days before SET(0) submition will affect ILR eligibility.

I am in a similar situation, my wife has taken two 90 days break in the last 5 years and thats pretty much it.

What confuses me is if I get the ILR should my wife who is dependent not get an ILR dependent visa because of that ?

Ambassador · Post by **Ambassador** » Tue Apr 19, 2011 10:22 am

I am applying for ILR and I am also in the same situation.

The rule says that your dependant partner can apply with you if they have lived 2 years in UK. It does not say anything about continuous stay or period of absence. I think it should not be a problem if partner has stayed for 2 years continuously in the 5 year period.

kshahzad · Post by **kshahzad** » Tue Apr 19, 2011 11:20 am

apply4hsmp wrote:
gentlejuke wrote:pmw456 - Pls refer all responses from Vinny. At the same time here with my personel sugegstions.
1. You or your wife stay outside UK for more than 90days before SET(0) submition will affect ILR eligibility.

I am in a similar situation, my wife has taken two 90 days break in the last 5 years and thats pretty much it.

What confuses me is if I get the ILR should my wife who is dependent not get an ILR dependent visa because of that ?

I'm in a similar situation, hence the question. I have checked the link Vinny has mentioned and it does not mention 90 days and does not define what "continuous" is. I do not know whether they have left it at the discretion of case worker or there is information available elsewhere. I have failed to find it so far anyway.

Gopaalan · Post by **Gopaalan** » Tue Apr 19, 2011 1:17 pm

Ambassador wrote:
The rule says that your dependant partner can apply with you if they have lived 2 years in UK. It does not say anything about continuous stay or period of absence. I think it should not be a problem if partner has stayed for 2 years continuously in the 5 year period.

Even the Set O form doesn't ask any details of the dependants absense. It's only asking for the cohabitation proof.

In Vinny's link, it doesn't say continuous period of 2 years, and it only says after completing 2 years in the country.

lunatfr · Post by **lunatfr** » Wed Apr 20, 2011 11:47 pm

In a similar situation as well...wife out for more than 9 months!

maximux79 · Post by **maximux79** » Thu Apr 21, 2011 11:44 am

hi Vinny, I went through this document and it explains for main applicants. The immigration rules explains that any dependant should have spent atleast 2 years and for co-habitation proofs to be submitted upto 2 years.

My wife was away from UK for 11 months due to complications in pregnancy. Luckily she had completed 2 years (continious with holidays out og UK) of stay before she left UK.

Should I explain in the ILR application while I file for one in June 2011? or wait for case worker to ask for details. Pls help.

Also, anyone who were in similar situation applied for ILR? Pls share your experiences...

Thanks

vinny wrote:See also Indefinite leave to remain - calculating continuous period in UK.

Post by **vinny** » Thu Apr 21, 2011 12:36 pm

Include proof of at least the two year's cohabitation in the UK.

Post by **vinny** » Thu May 05, 2011 5:40 pm

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ILR - Dependant absence from UK

ILR - Dependant absence from UK

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