ILR for the Family

Hi Guys,
A friend of mine was on Work Permit for 4 years and got Tier-1 done after that. He is now completing 5 years in July 2011 and eligible for ILR. However his wife is still on Work Permit (sponsored by her company) and kids are on her dependant visa.

My query is that can he file his ILR and add his wife and kids as well in it ? They all entered in the country at the same time but the difference was that he entered on a work permit all alone and wife on other workpermit along with the kids.

Cheekoo wrote:My query is that can he file his ILR and add his wife and kids as well in it ?

No.

But, if they obtain entry clearance (from outside the UK) as dependants of WP migrant before your friend applies for settlement, then the dependants will qualify for settlement at the same time as your friend and can be included in the settlement application as dependants. Your friend will need to provide evidence of cohabitation in the UK (with his wife) covering a period of at least 2 years preceding the application.

I came to UK in June 2008 (visa stamped in May 2008) on HSMP visa. Then i got an extension in May 2010 andd got Tier 1 (General) visa that expires in May 2013.
My wife came here in September 2010 as dependent, and her visa expires in May 2013 as well.

Actually my wife is 2 months pregnant and we are expecting a baby in December 2011. We were thinking to have baby delivered in Pakistan due to some personal reasons. So we planned that my wife would be going to Pakistan in July 2011 and will be back in around Februaray 2012 (after getting the baby's visa stamped from Pakistan).

But i just came to know about the rule that me (being the main applicant) and my wife (dependent) needs to stay together for atleast 2 years. Could you please tell me if me and my wife would be able to apply for an ILR together in May 2013 or not, if she stays in Pakistan for around 8 months for delivery and care? Or is there any limit to number of days she can live in Pakistan and me in UK (like for 30 days or 60 days etc), within 2 years? She came in sep 2010, so from sep 2010 to may 2013, there are 2 years and 8 months so if she lives in pakistan for 8 months, its should be ok. Is it correct?

I would be very grateful if anybody could answer and help me in this regard. The summary of all the dates is given below.

Main applicant (Myself)
----------------------------

Visa stamped : May 2008
Came to UK : June 2008
Got Extension (Tier 1 Visa) : May 2010
Visa Expiry & ILR Application : May 2013



Dependent (My Wife)
-----------------------------

Visa stamped : July 2010
Came to UK : Sep 2010
Visa Expiry : May 2013

Dont think it would be a problem as she is there for delivery etc and it can be argued at the time of application also there is no question about spouse absences outside UK in ILR form so they will only ask if you attend PEO or if you are sending application by post just mention that in your statement when and why she was outside the country, do mention

the travel restrictions on pregnant women (check that with the airline your are using usually after 24 weeks and 32 weeks)

time taken by UK high commision in pakistan to process the child visa

she is allowed outside UK for 270 days in 3 years and 8 months makes 240 days. (assuming she does not travel before ILR)

Many thanks ub4u for your reply.

is it possible for you please to provide any link mentioning the 90 days / year rule? as i tried to find it for dependent but could not.

Looking foward for some more advices and suggestions from experienced people like you. Thanks again.

umsh wrote:is it possible for you please to provide any link mentioning the 90 days / year rule? as i tried to find it for dependent but could not.

There is no such document publicly available that mentions "permitted absences from UK for (HSMP/PBS) dependant applicants", in context of extension and /or settlement.