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Applying for ILR - Tier 1 dependants - Absence from UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Roopa Khanna
Newly Registered
Posts: 14
Joined: Mon Oct 24, 2011 4:17 pm
Location: London, UK

Applying for ILR - Tier 1 dependants - Absence from UK

Post by Roopa Khanna » Mon Oct 24, 2011 4:51 pm

Dear Moderator/Members,

I have a query on my ILR application. Please resolve this.

My husband came to UK on work permit- Feb 2007
I came to UK as work permit dependant - April 2007

My husband changed his visa to Tier 1 - Sept 2008
I got mine changed to Tier 1 dependant - Sept 2008

I went to India on maternity leave - Sept 2010
My husband got his visa Tier 1 extended- March 2011
I applied for Tier 1 dependant along with our daughter from India - July 2011
Visa was rejected - Marriage subsistence reason

Reapplied and got our Tier dependant visa - Sept 2011
I came back to UK and joined back work - Oct 2011

My husband also spent around 270 days in India (no single visit was for more than 90 days though). He was continually employed from the same firm as a software engr all the time in UK, working from home during this time and was paid. His employer will provide a letter too, that he was working from home.

My husband and myself are planning to for ILR in Jan 2012 (as I believe he can apply 28 days prior to 5 years in UK). Am I and my daughter eligible for ILR as well, considering the fact that I spent more than a year outside UK. I however spent 3 years in UK as dependant.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Oct 24, 2011 5:54 pm

Roopa Khanna wrote:Am I and my daughter eligible for ILR as well, considering the fact that I spent more than a year outside UK. I however spent 3 years in UK as dependant.
Should be okay.
Life isn't fair, but you can be!

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