Indefinite leave to remain for spouse

[cdunni]

Hi,
I am a UK citizen by naturalisation. My wife and daughter came to the UK from India in on 30/3/2010 on a spouse visa for 27 months. They had to go back to India at the end of May 2010 and they lived in India till 22 April 2011 when they returned to the UK. They lived in the UK since then except for a 6 week period June- July 2011.

1.Are my wife and daughter eligible to apply for Indefinite leave to remain? Will the absence from June 2010- April 2011 be counted against them?

2. If they are not eligible, then, is the next best option getting an extension using the FLR(M) form?

3. Which form should I use for my daughter who is now 18 years old? FLR(M) or FLR(O)?

4. Is "Life in the UK" an acceptable standard test for FLR(M) applications also? Or Do they need the English test itself?


Thank you for your valuable advice.

Unnikrishnan

[vinny]

See also Time spent outside the UK.

Perhaps get a written response from UKBA on which SET form your daughter may use. Previously, the SET(M) form recommended that child over 18 may use SET(F). However, I don't see that anymore. Some have succeeded with using SET(O).

[cdunni]

Thanks Vinny.
Time spent outside the UK:
The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

1. It seems they can not apply for ILR as they may fail on this account.
Is it worth giving it a shot at a PEO?
We can not afford to wait after a postal application as their Current leave runs out on 30 June and we need to go on holiday in India on 16 August.

2.Is it likely that if we make an appointment for submitting the SET(M) form and if they reject it at the first post , can we then switch the application to FLR(M)? Or do we have to come back with another appointment? We may not have enough time for that.

3. If we apply using FLR(M), can my daughter who is 18 use the same form?

4. Is LIfe in the UK valid for FLR(M) applications? It costs only £34 and results will be available the same day. Whereas the City and Guilds IESOL Speaking and listening costs £150 and it takes at least 5 weeks for the results.

Thanks again for the help.

[vinny]

If your wife satisfies 288, then she may apply for ILR.

[cdunni]

Thanks again Vinny