Immigrationboards.com

Hi Team

Many thanks for taking your time to view my post.

I am a new member and have tried to search the forum post to find answers to my questions but could not get the answer (because some of the new and old post contradict , may be because of the new changes)

I am dependent of Tier1 holder and my partner is got ILR 2016 however I am due for ILR in June 2018 as I entered the UK in June 2013. My current stay is valid till Mar 2019.

The question is the following-

# I came to the UK in June 2013 but had to leave to India in Nov 2013 as I was expecting our new one, and had C-Section which caused some medical issue and then took time to get my new born's passport , which delayed the visa application process for my child. finally got visa for my child's visa in July 2014 and we came back in Aug 2014.

Now as you can see I was away for 9 months in today (nov 2013 to July 2014).

Can I apply for visa in June 2018 as I would complete 5 year stay and provide a covering letter for my 9 month overseas stay due to medical reason/passport and visa for the child as a reason. Do you think it will be an exceptional situation, will they consider it? have there been any cases like mine where they have granted ILR in the following situation, with the current rules in mind.


Thank you in advance and will be very grateful for your valuable input.

Regards
Elizabeth

There is no absence limit for PBS Dependent and no need to provide evidence or a reason.

As long as you did not apply for a new entry clearance visa when your child did, you should be fine to apply for ILR.

Thanks alot for your answer, may god bless you.

I was so worried, I am so happy now.

I will apply for my ILR in June 2018 and will not provide any explanation/letter for the 9 months overseas stay.

Can you please advice, can I apply for my child's ILR at the same time or does she have to wait for 5 years stay. She was born in Jan 2014 and as of now she is 4 years old (she is been in the UK since Aug 2014).

Thanks again for your help.

For a child born outside UK they can get ILr when both parents have ilr. Since your husband already holds ilr so when you apply for your ilr you can apply for your child as well at the same time