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Hi,

My immigration background is as under:
I am from India.I am in UK since Nov 2007 on a tier 2 - Inter company visa at all times.My current visa is until Nov-2014.

My queries are as under:
1) In between when on maternity leave, I was in India for a period of 8 months(Jul-2009 to Feb2010). My husband has an ILR and is currently in process of applying for British Citizenship.

Since I had a gap of 8 months, I thought that I would not be eligible for ILR so did not apply earlier.Please confirm if I can still apply for ILR?

2)If above is true that I cannot apply for ILR, then I will now be eligible for ILR in Apr 2015. If I change my status from Intercompany visa to FLR, please advise on the following:
1. Can I still apply for ILR in 2015?
2. If on FLR, when can I apply for ILR - 2 yrs or 5 yrs?
3. If my husband takes his citizenship, can I apply naturalization/ dependent visa without an ILR or FLR?

3) I have a masters degree which was taught in English. My university is also registered with UKBA, please advise if I still need to give an English exams for FLR. Also please advise if the name of the university or the college is to be registered with UKBA.

Please let me know if you need any more information.

Regards,
Aradhana

[quote="aradhanawavhal"]Hi,

My immigration background is as under:
I am from India.I am in UK since Nov 2007 on a tier 2 - Inter company visa at all times.My current visa is until Nov-2014.

My queries are as under:
1) In between when on maternity leave, I was in India for a period of 8 months(Jul-2009 to Feb2010). My husband has an ILR and is currently in process of applying for British Citizenship.

Since I had a gap of 8 months, I thought that I would not be eligible for ILR so did not apply earlier.Please confirm if I can still apply for ILR?-- Yes . You can. Maternity reason is a good reason where you can say you needed family support. If your abscences can be splited between 2 qualifying years and it is <=180 for each period it is even better and you needn't worry at all.
2)If above is true that I cannot apply for ILR, then I will now be eligible for ILR in Apr 2015. If I change my status from Intercompany visa to FLR, please advise on the following:
1. Can I still apply for ILR in 2015?--No
2. If on FLR, when can I apply for ILR - 2 yrs or 5 yrs?-- 5 Years.
3. If my husband takes his citizenship, can I apply naturalization/ dependent visa without an ILR or FLR? --No

3) I have a masters degree which was taught in English. My university is also registered with UKBA, please advise if I still need to give an English exams for FLR. Also please advise if the name of the university or the college is to be registered with UKBA.

Please let me know if you need any more information.

Regards,
Aradhana[/quote]

Thanks for the information...very grateful to you.

I had another query, my husband has got his ILR in June-2012, so do I qualify under the rules before 08-Jul-12 as a result of which I can apply for ILR in 2 yrs?

Regards,
Aradhana

If you are applying for FLR now you have to wait for five years regardless of when ILR was issued for the main applicant. Your best bet is to apply for ILR and seek exception on maternity ground. You have a very high chance of success(Some risk is still there). Please speak to a good solicitor if you don't feel comfortable.