HSMP and future ILR application

[Ali_UK]

Dear All,

My wife is on HSMP visa and validity until sept 2010. I am her dependent. Because of my job in Canada, we are moving to Canada and will not be back before Feb 2010.

What are our options

1) Can we come back to UK as our visas will be valid?
2) Can we apply for ILR in Sept 2010. Our baby was born in uk and we own a property in uk which we have rented now
3) If we are not eligible to apply for ILR because of absence, can we extend our visas?

Any other guidance and information will be much appreciated

Thanks

Regards,

Ali

[try-one]

Ali,
1) Can we come back to UK as our visas will be valid? - I'm not sure about the validity, it would be useful to confirm the legislation on absences. maybe other members could provide feedback on this point.
2) Can we apply for ILR in Sept 2010. Our baby was born in uk and we own a property in uk which we have rented now. - You would have a break on the residency for more than 365 days, your ILR clock would be re set and would start once you return in 2010. Children and property will not change the requirement for continuous residency.
3) If we are not eligible to apply for ILR because of absence, can we extend our visas? - In order to extend your visa in the UK for HSMP-tier 1, you must show economic activity in the UK; this could be a problem for you and most likely you would be required to apply again (may be a good idea to apply for Tier 1 while you are in Canada before returning).