ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier1 dependent absences and citizenship

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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

Locked
rajesh9pl
Senior Member
Posts: 865
Joined: Thu Feb 03, 2005 9:40 am
Mood:
United Kingdom

Tier1 dependent absences and citizenship

Post by rajesh9pl » Wed Oct 05, 2011 10:32 am

My wife is doing permanent role and will take 1 year long maternity leave this December. She wants to spend last 6-7 months of her maternity leave in India. She has already been in UK on current visa for last 2 years. Based on below comment I have learnt her ILR won't be affected. However, I want to understand how it will affect her naturaliasation?

Could you please post a ukba link related to dependent's absences and impact on BC?

Many thanks,
Rajesh

http://www.immigrationboards.com/viewto ... t+absences
sushdmehta wrote:Forget your spouse's absences from UK (as dependent's absences are not relevant) for ILR. These absences from UK will influence her eligibility for naturalisation, but irrelevant for ILR.
Your wife has been staying in the UK as your dependent since 2006 (initially WP dependent and then Tier 1 dependent) and hence satisfies the 2 yr. residential requirement for Tier 1 dependents.
Include her as a dependent in your ILR application.
regards

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

Post by geriatrix » Wed Oct 05, 2011 11:07 am

After being granted ILR, an erstwhile dependant is no longer classified as a dependant. Just as the main migrant (PBS or non-PBS) is no longer classified as a "temporary migrant" but a settled person after being granted settlement, the dependant also becomes a "settled person".

And, every settled person (of full age) must qualify for naturalisation in his / her own right.
Life isn't fair, but you can be!

rajesh9pl
Senior Member
Posts: 865
Joined: Thu Feb 03, 2005 9:40 am
Mood:
United Kingdom

Post by rajesh9pl » Wed Oct 05, 2011 11:38 am

Thanks sushdmehta.

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:
- been resident in the UK for at least five years (this is known as the residential qualifying period); and
- been present in the UK five years before the date of your application; and
- not spent more than 450 days outside the UK during the five-year period; and
- not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
- not been in breach of the Immigration Rules at any stage during the five-year period.

Do you know if 450 days will exclude maternity related absence as you are paid and taxed UK in this period? I mean similar to Annaul leaves?

Many thanks,
Rajesh

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

Post by geriatrix » Wed Oct 05, 2011 12:46 pm

Absences from UK for "any" reason whatsoever.
Life isn't fair, but you can be!

rajesh9pl
Senior Member
Posts: 865
Joined: Thu Feb 03, 2005 9:40 am
Mood:
United Kingdom

Post by rajesh9pl » Wed Oct 05, 2011 1:15 pm

sushdmehta wrote:Absences from UK for "any" reason whatsoever.
Thanks!!!

Locked