ILR -> BC and sick parents - options

[InUkOnHsmp]

HI Forum,

Need some very subjective advice on my dilemma. Here is a quick rundown on my situation.

I am up for an ILR at the end of this year, I would probably apply for my wife's ILR at the same time and would apply for my daughters BC right after.

Now my problem is my mother back in India is not doing too well health wise, and there is a lot of pressure to visit for at least an year or so asap. My initial plan was to stay on for another year after ILR, get BC and then go back for sometime on an OCI/PIO card.

But it looks like I might have to potentially visit as soon as practically possible.

My queries are:


1. Can I visit India for an year or so right after ILR and then come back and apply for BC? Are there any rules I need to be aware of in this regard?
2. The other option is to go with another extension and buy myself some more time. But then again would it be possible to go back for a longish period before attempting an ILR?
3. The other thing I was hoping to get some input on would be, considering I would be getting ILR in Dec 2012, when can I practically hope to get BC and OCI/PIO and visit India, April 2014? Later?

I am horribly confused about this, and would really appreciate some advice. Thanks very much in advance.

[Jambo]

1. Can I visit India for an year or so right after ILR and then come back and apply for BC? Are there any rules I need to be aware of in this regard?

Yes you can but you will not be able to apply for BC straight after returning from 1 year abroad as you will not need to meet the following requirement:

* Less than 90 days absent from the UK in the year before applying.

Depending on the amount of travel you did so far, you should also be aware of the following requirement:

* Less than 450 days absent from the UK in the 5 year before applying. Unlike ILR, this includes all types of travel - business and private.

2. The other option is to go with another extension and buy myself some more time. But then again would it be possible to go back for a longish period before attempting an ILR?

Would be tricky to meet the ILR requirements as you normally are not allowed to have trips over 3 months in order to meet the requirements.

3. The other thing I was hoping to get some input on would be, considering I would be getting ILR in Dec 2012, when can I practically hope to get BC and OCI/PIO and visit India, April 2014? Later?

Application times vary but that sounds about right.

[friendinneed]

Your main consideration on BC is going to be the absenses from the UK requirement which are:

not spent more than 450 days outside the UK during the five-year period;

AND

not spent more than 90 days outside the UK in the last 12 months of the five-year period;


If you are thinking of going for a year then you are going to have to make sure your other trips in the last 4 years dont mean your total exceeds 450 days and be back in the UK for at least 280 days ish with no trips out before being able to apply.

[InUkOnHsmp]

Thanks guys great inputs. So I guess I need to time this very well, in case I do decide to spend sometime back in India after ILR.

The thing which absolutely makes me furious is its almost impossible to get parents here in the UK on a dependant visa. But thats the topic of another discussion.

Thanks agains folks!