ILR PBS Dependent with Out Of Country on Maternity

Hi All,
This query is to check my wife's eligibility for ILR application.

First UK entry: 29/03/2012 (Applied in India - Initial clearance)
First extension: 27/11/2012 valid till 27/11/2014 (Applied in UK - Extension)
Went to India for maternity: 29/10/2013 till 06/06/2014 (7 months 8 days)
Second extension: 31/03/2014 valid till 31/03/2017 (Applied in India with our son who born in India)
Back to UK with son: 06/06/2014
Applying for ILR : Jan 2015

2 yrs Continues stay:
28/03/2012 to 28/10/2013 - 1.7 years
29/10/2013 to 05/06/2014 - 7 months out of country on maternity
06/06/2014 to 05/01/2015 - 7 months
Total UK stay: 2.2 years

180 days continuous out of country in 12 months:
05/01/2015 to 05/01/2014 - 5 months (05 Jan 2014 to 05 June 2014)
05/01/2014 to 05/01/2013 - 2 months & 8 days (29 Oct 2013 to 05 Jan 2014)
05/01/2013 to 29/03/2012 - None out side of country

Could you let me know whether my wife is eligible for ILR please?
If not, Does my son eligible for IRL with me and without my wife?

Thank you very much in advance.

Regards,
Suresh

It appears to me, that both your child and wife will not qualify for ILR .

She appeared to have broken her residence in 2013, and therefore when she made an application for entry clearance , the new rules became applicable.

It's unclear.

I consider "Continuous Leave" to be leave without a break.

In circumstances were a person left the UK with Leave, that leave expired when they were abroad, and then they returned with another entry clearance, then it must be the case, that they have not had continuous leave.


If it was the case, that their leave expired whiles in the UK, and they benefit from the provision of Section 3C, then yes, one can reasonably say, they have had continuous leave.

Surbi wrote:First UK entry: 29/03/2012 (Applied in India - Initial clearance)
First extension: 27/11/2014 valid till 27/11/2014 (Applied in UK - Extension)
Went to India for maternity: 29/10/2013 till 06/06/2014 (7 months 8 days)
Second extension: 31/03/2014 valid till 31/03/2017 (Applied in India with our son who born in India)
Back to UK with son: 06/06/2014
Applying for ILR : Jan 2015

There may have been some mistyping errors with the dates in the first extension. But it appears that she applied for entry clearance prior to expiry of leave? Also got it before expiry of leave?

I get your point vinny, but it seems like the first extension was done before she went to India in 2013, and might have expired in India before her return, which is why she applied for Entry Clearance.

It will not make much sense for a person to apply for Entry Clearance, when they have an extant leave, then again i might be wrong.

I accept though, that an Entry Clearance application would have been needed for the infant.

Hi Vinny and Obie,
Thank you very much for your reply and apologies for date mistake (I've corrected the initial post).

I will be little more clear:
First UK entry: 29/03/2012 valid till 20/09/2012 (Applied in India - Initial clearance)
First extension: Applied on 20/08/2012. Visa valid from 27/11/2012 till 27/11/2014 (In UK extension. Visa was delayed for 65 days due to large number of applications)
Went to India for maternity: 29/10/2013 till 06/06/2014 (7 months 8 days) with a valid visa till 27/11/2014
Second extension: Valid from 30/05/2014 till 31/03/2017 (Extension in India with our son who born in India). Main applicant has gone for second extension to meet 5yr continuous leave for ILR. Applied extension for dependent partner and clearance application for son in India to sync the visa valid dates with main applicant.

Partner return to UK with son: 06/06/2014
Applying for ILR : Jan 2015

Another note here is partner visa was never expired when she was in India and applied for extension (on 10/05/2014) and got the visa (valid from 30/05/2014) before her old visa expire which was 27/11/2014.

Thanks again for sharing your knowledge on this case.

Regards,
Suresh

Hi Vinny and Obie,
Could you share your thoughts for above reply please?

Thank you very much in advance.

Regards,
Suresh

If she had a valid visa until November 2014, why would she get another visa that is valid from May 2014 from India, before the extant Leave to remain expires.

Quite confusing.

Hi Obie,
As a main applicant, I will be completing 5 yrs for ILR in Jan 2015 and my wife's visa was valid only till Nov 2014 (short of two months for ILR).

Applied wife's visa along with my son's fresh application to have the same visa expiry date as main applicant thinking that we all can go for ILR in Jan 2015.


Many thanks,
Suresh

Hi Vinny and Obie,

Could you reply to my above post please? .. as I've to plan my documentation for my dependents.

Thank you very much.

Probably good chances of success.

Thanks Vinny and Obie. Very much appriciated with your knowledge and feedback..