Need some guidance regarding ILR......

[nevish]

Dear Sir/Mam,

I am writing this mail to inquire something about ILR requirements and future scope of getting a British Citizenship. I am writing this due to current and ongoing developments in our lives.

May I take this opportunity to brief you through our visa status so far?

My wife is the main applicant and I am on a dependent visa. We both have been working in environmental field. We both are on HSMP visa. We will be qualifying for settlement in October 2011. Initial Visa was stamped on 17 October 2006 extended on 17th October 2008 up until 17th October 2011. I believe we fall in the category of people who are in JR case prior to 7th November 2006.


Recently we have been blessed by a baby boy on 23rd June 2010 in India. However, due to my wife’s severe ill health we had decided that she delivers the baby in India and stays there for a while. She has been in India since Dec 2009 till November 2010.

I am aware she being principal applicant she cannot leave the country for more than 3 months at a stretch but she was very keen to be with her family during pregnancy period and moreover her health was really not that great. This being our first child we were very concerned about her health as she was not keeping well at all due to the migraine issues she has sometimes. The whole purpose of being in India was she would be with her family and my family. Her care was the utmost priority. This was her wish and I also personally was feeling at peace due to this decision.

Coming to the point of my query regarding the ILR status,

* During such type of an exceptional case as my wife, will the time duration (more than 6 months) in which my wife stayed in India will be counted in our ILR qualifying period?

* I am hoping this would be counted as valid time, however if it is not counted as valid time while she is away in India. Can you please advise what would be further course of action in order to qualify for ILR and attaining British Citizenship?

* Can you please advise what will be qualifying period for ILR and British Citizenship and also if she stays outside the country for more than 6 months due to pregnancy and not keeping too well.

* Since we are covered by JR we believe we do not require giving life in the UK test for ILR, however, do we have to sit for an exam for British Citizenship in the future. Please advise, Just to add we also have a GP’s letter supporting her move to India for her delivery and also all the relevant certificates and history from the hospital to back up her absence in the UK.

I would be more than grateful if you can please kindly advice; answer my queries and let me know what would be the charges for this procedure in detail.

Thanks and Regards,

Vishal Bhatt


ps :- I HAD EARLIER POSTED BUT I want to get some more views on this pls kindly help........

[geriatrix]

Expected 11 month continuous absence (Dec 09 - Nov 10) or more; other absences during the qualifying period not stated.

Caseworker discretion may be in your favor only if you can provide adequate documentary evidence(s) to prove that your wife (and / or child) could not travel to UK due to medical reasons. The application may be treated as "exceptional" only based on the evidence(s) submitted along with. Whether discretion will be in your favor or not cannot be predicted by anyone.

If the initial settlement application is refused then, whether you will be allowed to (re)apply for settlement when your absences fall below the permitted limit (excessive absences) or whether you'll need to complete the 5 yr. qualifying period all over again (break in continuous residency) can be ascertained only after the reason(s) for refusal is known to you.

See Chapter 6A - Settlement -> Section 1, and standard requirements for naturalisation.

KOL test required at the time of naturalisation.

For application fee (settlement), see form SET(O)


regards

[nevish]

hi Sushdmehta,

thanks for your prompt response. Really appreciate it. I am so stressed out at the moment.

I just wanted to inform that we do have all the medical back ups provided by the GP in the UK before leaving for India and also from India.

Also, can you please provide me a general list of documents required for preparing an ILR application for myself (HSMP tier-1 dependent), my wife (HSMP tier-1 main applicant) and my new born child.

Really appreciate your assistance. Could you please advice from your experience that in a case like ours what is the possibility. i understand you did mention that " Whether discretion will be in your favor or not cannot be predicted by anyone". however have you followed any case similar to mine who got through and were successful.

thanks for the info.

regards,

Vishal Bhatt

[geriatrix]

Search the forum and you'll find many posts by successful applicants detailing the documentary evidences they had prepared and submitted / taken along and were asked for.


regards

[nevish]

thats what i am currently doing......thanks anyway. I thought if U had a ready made list and could paste it that wuold be great but its fine.

kind regards,

Vishal