ILr application for spouse - continuous stay calculations

[Khqm811]

Hello,

would like to seek your suggestion on the below scenario. Please find below information and initial questions I have regarding my wife and my elder son ILR application

- I am the main applicant who is holding BRITISH CITIZEN since 13NOV2017. Prior to that, I was on Tier 1 General Visa
- (ILR applicant):My wife who is an INDIAN CITIZEN and currently having a Dependent Visa until 23-09-2020.
- (ILR applicant): My son who is 3.5 yrs old and is an INDIAN CITIZEN and currently having a dependent visa until 23-09-2020.

Please see below the absences of my wife from the UK to calculate the continuous period of stay in the UK:

First Arrival in UK: 13-Oct-13
First Travel to India: 17-May-14 to 20-Jul-14 (64 days) Reason-Dental Surgery and Miss-carriage
Second Travel to India: 29-May-15 to 05-Jul-15 (37 days) Reason-Work from India before Maternity leave
Again from 06-Jul-15 to 28-Dec-15 (175 Dayan) Reason- Maternity leave
Third Travel to India: 26-Oct-17 to 21-Jan-18 (87 days) Reason- annual vacation

The reason for long stay in India (in 2015) was to get her under the supervision of same health consultant who treated her in 2014 and we wanted the baby to deliver by the same doctor in India as she had complications in 2014.
We have all medical report from 2014 and 2015 from the doctors and we can get the letter as well from them if needed.

Questions:
1) Would she be eligible to apply for ILR now consider above absences are due to the pregnancy complications? How about the probability of not getting rejected with the break of continuity reason?
2) Since there is a new rule on 11JAN2018 about the continuity calculation and because all her absences are before 28 JULY 2018, which would be calculated as 5 consecutive 12 months blocks, would it be safe to apply for ILR sometime between MAY - DEC this year so that the long term absence would split into two blocks?

Any suggestions would be appreciated!

Thanks & Regards,

[CR001]

What dependent visa category does she hold?? What is her full UK immigration history including visa start and end dates??

[Khqm811]

She is on PBS dependent visa since starting onwards. Her immigration history is as below

First Arrival in UK: 13-Oct-13
First Travel to India: 17-May-14 to 20-Jul-14 (64 days) Reason-Dental Surgery and Miss-carriage
Second Travel to India: 29-May-15 to 05-Jul-15 (37 days) Reason-Work from India before Maternity leave
Again from 06-Jul-15 to 28-Dec-15 (175 Dayan) Reason- Maternity leave
Third Travel to India: 26-Oct-17 to 21-Jan-18 (87 days) Reason- annual vacation

[CR001]

What depe sent visa category does she hold?? What is her full UK immigration history including visa start and end dates??

[Khqm811]

Her first visa start date was 03oct2013.
She first arrived in UK on 13oct2013.

Later her visa was extended on 11oct2014 till 11oct2017

Later her visa was extended on 23sep2017 to 23sep2020

Hope this helps

[CR001]

She could have applied last year already.

There is NO absence limit for dependent visa issued before 11 January 2018.

[Khqm811]

Thank you CR001 for your prompt response, really appreciated.

Regards,
Hari

[Khqm811]

Dear CR001,

Could you please suggest which form should we use? SET(M) or SET(O)? when I tried to complete online form, it is taking me directly to SET(M), is this correct?

Regards,

[CR001]

If she holds a PBS dependent visa then it is form SET O.

[Khqm811]

she does hold PDB dependent visa, however, the online, when I am choosing options it is taking me to SET(M) form instead. Not sure, I am doing something wrong here?

[CR001]

Are you putting in that you are British or hold ILR?

I don't know what link or online thing you are referring to!!!

[CR001]

Link below for the form she needs.

https://www.gov.uk/government/publicati ... -form-seto

If you apply on Set M, it will be refused.

[Khqm811]

Thank you again for the prompt response.

I tried to check SET(O) and there is a question 'In which category are you applying for indefinite leave to remain?' the options are,

- Bereaved partner
- employment not requiring a work permit
- representative of an overseas business
- retired person of independent means
- Tier 1 dependent
- Tier 1 migrant
- tier 2 dependent
- tier 2 migrant
- UK ancestry
- other purposes or reasons not covered by other application forms

As my wife is currently on 'PBS Dependent Leave To Remain', which option should I check? Any help would be greatly appreciated!

Thanks & Regards

[CR001]

Tier 1 dependent.