Maximum absence

Hi,
Me and my wife came to the UK on HSMP visa last december, along with my two kids. Now she wants to visit my home country for more then 3 months. Is this will make any problems for her at FLR stage????

or How long she could be absent from UK in order to acheive the FLR stage successfully.

nsm2010

nsm2010 wrote:Hi,
Me and my wife came to the UK on HSMP visa last december, along with my two kids. Now she wants to visit my home country for more then 3 months. Is this will make any problems for her at FLR stage????

or How long she could be absent from UK in order to acheive the FLR stage successfully.

nsm2010

Max. absence cannot be more than 90days at one go.

What if someone stuck there with valid reasons???? For instance if someone cant travel due last stages of Pregnancy???

nsm2010 wrote:What if someone stuck there with valid reasons???? For instance if someone cant travel due last stages of Pregnancy???

If you are the Tier 1 holder and she is the dependant, just make sure you don't spend more than 90 days out of the UK in one trip.

I think a medical emergency is a valid reason. But the timing of child birth can be predicted months in advance, nice try. If you and your wife really want to have the child overseas and spend over 90 days there, you can still get the next FLR. But most likely, your clock will be reset for ILR/permanent residency.

Hi Bani,
Is this the rule of 90 days applies to principal applicant only????? can my dependants can reside more than 90 days outside UK??? will there absence will have any impact on their FLR or ILR????

Will appreciate for your response..

nsm2010

The principal Tier 1 holder has to follow the allowed time outside UK strictly. You will get ILR. I'm not sure your wife will get ILR at the same time as you, but if you have ILR, she can still stay in the UK as your dependant.

nsm2010 wrote:Hi Bani,
Is this the rule of 90 days applies to principal applicant only????? can my dependants can reside more than 90 days outside UK??? will there absence will have any impact on their FLR or ILR????

Will appreciate for your response..

nsm2010

U

bani wrote:The principal Tier 1 holder has to follow the allowed time outside UK strictly. You will get ILR. I'm not sure your wife will get ILR at the same time as you, but if you have ILR, she can still stay in the UK as your dependant.

Following are the conditions for dependents:

FLR:

There's no 90 day rule. So, there's no problem with FLR.

ILR:

If your wife has spent the last 2 years just before applying for ILR in the UK, then there's no problem. Else, she will have to wait until she completes the 2-year period in the UK without any major breaks. (Major breaks= exceeding 90 days away from UK.)

Wonderful srikp,

Is this the authentic information, if yes, I would appreciate if you can forward me the reference.

one more thing I want to discus on this forum that, whether is it compulsory now to pass IELTS in order to apply for FLR, where I previously presented a letter from my University for English profeceincy at the time of HSMP approval. Kindly suggest me.

thanks,

nsm2010

nsm2010 wrote:Wonderful srikp,

Is this the authentic information, if yes, I would appreciate if you can forward me the reference.

nsm2010

References:

FLR for dependents:

http://www.ukba.homeoffice.gov.uk/worki ... ependants/

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My observation: There's no mention of 90 day rule for dependents when applying for FLR either in guidance notes or application form.
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Settlement for dependents:

http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

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My observation:
(As it says at the end of the page:)

How your dependants can apply for settlement

Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Children of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided the child meets the requirements of the immigration rules.
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nsm2010 wrote:
one more thing I want to discus on this forum that, whether is it compulsory now to pass IELTS in order to apply for FLR, where I previously presented a letter from my University for English profeceincy at the time of HSMP approval. Kindly suggest me.

thanks,

nsm2010

No, you don't have to take IELTS. Your earlier English proficiency letter proof is still valid.

If you look at the following link and start filling in information, at some stage you can check for yourself if your University is already recognised for English proficiency:

http://www.ukba.homeoffice.gov.uk/pointscalculator

Submitted application along with dependant application : 20-11-08
Acknowledgement received : 23-11-2008
Received passports with stamp for 3 years: 10-12-2008

Regards