4 Days Gap in ILR and dependent application

hpgalliford · Post by **hpgalliford** » Sat Aug 13, 2011 1:48 am

Hi Guys

I will be applying for my ILR on the basis of 10 yr Long residency (6 year Student 4 year HSMP/Tier1 General)

I have requested for my SAR file and it says that I have a gap of 4 days. while applying for my Student extension my Visa was expiring on Fri 30 Sep 2005 and home office received my application on Tues 04 Oct 2005
Other than that all my applications were received by home office in time.

My wife came to the UK in April 2009. and i have a baby born in the UK in Dec 2010.

1/ With this single gap of 4 days am i still elligible to apply for the ILR?

2/ Can I include my Wife and baby's application with my application? or do I have to wait until I get my ILR and then apply for my them
(My current Tier1 is valid until May 2012 so is my wife's dependent visa)

Please Advise

Regards

Post by **vinny** » Sat Aug 13, 2011 2:38 am

1. A single gap of less than 10 days is okay. Moreover if application was posted prior to expiry of leave, then there is no gap.
2. Wife may apply for FLR(M) and child is entitled to apply for MN1 immediately after grant of Â your ILR.

hpgalliford · Post by **hpgalliford** » Sat Aug 13, 2011 3:11 am

Thanks for the prompt reply

Post by **vinny** » Tue Sep 20, 2011 11:16 pm

hpgalliford wrote:Hi Guys

I have recently applied for my ILR. I am currently on Tier 1 (General) visa (and my wife has got the spouse visa) which is valid until the MAY 2012

while my application is still with the home office can my wife travel abroad? will there be a problem by the time when she returns back to UK and my Visa is changed to ILR from Tier 1(General)

Also if i wait until my passport comes back from HO, can i travel immediately after that with my wife? when my wiffe is still on my Tier 1 (General) spouse visa? (Her Spouse visa is also valid until May 2012)

Please Advise

Regards

Post by **geriatrix** » Wed Sep 21, 2011 10:21 am

hpgalliford wrote:while my application is still with the home office can my wife travel abroad? will there be a problem by the time when she returns back to UK and my Visa is changed to ILR from Tier 1(General)

She may travel but must either return to UK before you are granted settlement or apply for entry clearance as spouse of settled person (if you have been granted settlement by the time of her return).

hpgalliford wrote:Also if i wait until my passport comes back from HO, can i travel immediately after that with my wife? when my wiffe is still on my Tier 1 (General) spouse visa? (Her Spouse visa is also valid until May 2012)

Both of you may travel but she will need to apply for entry clearance as spouse of settled person before returning to UK. Alternatively, she may switch to FLR(M) before she travels.

321(ii) and 321A(1)

hpgalliford · Post by **hpgalliford** » Thu Sep 22, 2011 8:18 am

Thanks a lot for a prompt reply. You guys are always very helpful

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4 Days Gap in ILR and dependent application

4 Days Gap in ILR and dependent application