HSMP dependent -- two year out of the UK, affect the ILR?

[lc123]

My HSMP was in country approved in 02/2004 (transferred from student visa) and I got 3 year extension in 02/2005 (maturity 02/2008) based on a permanent job in my specific field.

My husband has been staying with me in the UK over the past 2 years. He transferred his student dependent visa to HSMP dependent visa following my in country HSMP approval. His visa was also extended for further 3 years in 02/2005 and is now with the same maturity as mine (i.e. 02/2008).

Recently, my husband needs to back to our home country for around 2 years. To apply for the ILR in 02/2008, I plan to stay in the UK and to continue my current job. I know I am not allowed to leave the UK for more than 6 months out of the total 4 years. As HSMP dependent, my husband has stayed with me during the first 1 year as I claimed 10 points spouse achievement in my initial HSMP application.

I am just wondering since we have already obtained 3-year extension, does my husband still need to stay with me in the UK till 02/2008 to apply for our ILR? or he can be out of the UK for around 2 years and this will not affect our ILR application in 02/2008 so long as I continue to stay in the country?

Any comment on the above will be highly appreciated.

Many thanks!

[Mini]

I believe that as far as the extension is concerned, its based more on the activities of the HSMP holder and the dependents can just latch on, but when it comes to ILR, the leave applications are treated as seperate applications and the 4 yrs stay duration is calculated for each.

I heard this discussed on a radio program while driving on a weekend...can u believe...so really don't know what its worth.

[lc123]

Mini, many thanks for your advice.

I am a little bit confused now. The point is that if my husband backs to our home country but I stay in the UK, I will apply for ILR first for myself in 02/2008. Then, if it is OK, my husband can still be allowed to join me to apply for his ILR, as a dependent of ILR holder (me). In that case, what is the difference between "we both stay and apply for ILR together" and "I apply for ILR first, then he does as my dependent"? I mean, eventually, both of us will get ILR (not matter he is out of the UK for 2 years or not).

Correct me if I am wrong.....

Some more advice will be highly appreciated as we do need to make this big decision very soon. Moderators, pls help!

[lc123]

Advise me, PLS!

[MWazir]

Eventually is the right word to use. If all things stand as they are, you should both get the ILR "eventually".

As you have stated, you are eligible for ILR in 02/2008 and you wish to apply for it first. If your husband is overseas at the time, then he will have to apply as a dependent of an ILR holder. That does not entitle him to an ILR, but a spouse settlement visa, normally for a period of 2 years after which he can apply for an ILR if he has satisfied all the conditions.

Mini, many thanks for your advice.

I am a little bit confused now. The point is that if my husband backs to our home country but I stay in the UK, I will apply for ILR first for myself in 02/2008. Then, if it is OK, my husband can still be allowed to join me to apply for his ILR, as a dependent of ILR holder (me). In that case, what is the difference between "we both stay and apply for ILR together" and "I apply for ILR first, then he does as my dependent"? I mean, eventually, both of us will get ILR (not matter he is out of the UK for 2 years or not).

Correct me if I am wrong.....

Some more advice will be highly appreciated as we do need to make this big decision very soon. Moderators, pls help!

[lc123]

Many thanks, MWazir.