Applying for ILR from India on maternity leave?

[s_a_n]

Hello,

Is it possible to apply for ILR from India when you are on maternity leave?

Or is it possible to apply for ILR from India when you are in India on UK company work?


Regards,
s_a_n

[Lucapooka]

Not possible. ILR does not exist as an application made from outside the UK.

[s_a_n]

Thank you very much Guru.

In such a case, is it possible to apply for an extension of current VISA much before expiry? I.e., her visa expires in August 2013...can she try and apply for an extension in Feb/March period?

Or can she apply for an extension on current visa from India?

Options are quiet limited I suppose even in such important scenarios.

Regards,
s_a_n

[geriatrix]

Any "leave to remain" application (e.g. - extension or switching (FLR) or settlement (ILR)) must be made from within the UK.

[s_a_n]

Thanks Sushdmehta for the response.

Sorry if I am being dumb here...do you mean to say Tier 1 extension fall under "leave to remain" and hence can only be done from UK.

s_a_n

[geriatrix]

Yes.

[s_a_n]

Thanks Sushdmehta.

I am in a bit of fix now.

My ILR is due in Feb. My wife's in August (she is on independent Tier1).
She is carrying and expected date of delivery is in May. She plans to be in India during this time.

I initially thought she could apply for dependent visa from India after I get my PR. But looking at current timelines, there is no guarantee I will get my passport back by then.

She is also currently employed by UK company. So, in case of delay (i.e., if I get my passport back around Aug or 1-2 months before without sufficient time for dependent visa) will she loose her job (she is on maternity leave)?

Answers much appreciated. Thank you very much.

Regards,
s_a_n

[wpilr_nov12]

Given your situation and your plans, your wife might be jeopardizing an otherwise smooth ILR application by creating a 90+day continuous absence/gap outside of UK if eventually she applies from within UK.

I personally would plan for delivery in UK.

[geriatrix]

Unless your wife is okay with waiting for another 5 years to apply for settlement, suggest that you seriously consider following the suggestion above.

[s_a_n]

Thank you very much wpilr_nov12 and sushdmehta.