ILR - Clarification on Dependant's cohabitation period

[Nbabu]

Hello,

Can some one please clarify on my query below?

I am on Tier 1 General and getting eligibility to apply for ILR by 26th Aug' 12 (ie., 28day in advance). Understood that for ILR, spouse should have been staying with main applicant for last 2yrs in the UK. My wife joined me almost 4.5yrs back but went to home country for delivery in Jun' 2010 and return to the UK on 21st Feb' 11 (9months stayed outside). Would this be a problem to apply for ILR as she is not in the UK in the last two years continuously?
The reasons are genuine 1) Medical reasons and 2) Delay caused in getting passport for new born.

Thank you in advance.

Babu

[pied_piper]

Please see the following post
http://www.immigrationboards.com/viewto ... 882#612882

This is a common misconception that the cohabitation period should be continuous and right before the ILR application.

If I am not mistaken, one of the forum members reported his success story at a PEO where even the case worker was of the same opinion. Luckily, the applicant had the print out of the relevant immigration rules, stated in the above post, and he managed to get his ILR approved.

IMO, it is a good idea to take a print of the relevant immigration rules with you in case you have to refer to it. Senior members please correct me if I am wrong.

[Smam]

Hi

I agree with pied piper regarding the immigration rules for the dependants it shouldn't be a problem for any dependant at all for the no of days absense as long as the dependants have completed the 2 years time period in total not in continous form before their ILR application but just in total of 2 years time period with the main applicant in UK it should be fine.

[Nbabu]

Hello,

Thank you very much for such a quick response. I am feeling better now. I will go through the general rules of refusal and keep a copy in hand.

regards
NBabu