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Query ILR Dependent - 14 months absence due to maternity

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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imbuser007
Newly Registered
Posts: 13
Joined: Thu Dec 09, 2010 9:13 pm

Query ILR Dependent - 14 months absence due to maternity

Post by imbuser007 » Sun Feb 03, 2013 9:21 pm

Hi All,

Hope this is right thread to post my query.

My husband is currently working in UK on ILR.

May 2010 : I entered UK in May 2010 as Tier 1 Dependent.
Sep 2011 : Changed to FLR(M) as my husband got ILR.
Nov 2011 : then I went to India for delivery and was out of UK for 14 months.
Jan 2013 : I am back to UK with kid.


So Initially, I was in UK for 1 and 1/2 year,
then 14 months of absence
and now back to UK with kid a month ago.


Both myself and my kid have dependent visas valid till Sep 2013 (FLR(M)).


Could anyone please advise me on whether I can now apply for ILR using SET(O) for (myself+kid) ?

What are my options now?
Should I wait for 6 more months to cover the 2 yrs period??

I am not sure if they consider 14 months of absence.


I got mixed view from reading different threads and hence confused. I know one of my friend got ILR with the similar situation in the past. But now that they made changes to application to include absences more than 6 month. So I am concerned about this absences now. Any suggestions are most welcome.


Thanks
SS

sagiloyal
Newly Registered
Posts: 17
Joined: Thu Apr 05, 2012 12:21 pm

ILR Dependents Query 14 month outside uk

Post by sagiloyal » Wed Feb 06, 2013 5:17 am

Hi I am also in same situation. Have you heard any news on this from any one ?

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Wed Feb 06, 2013 7:25 am

You will be fine as the absence limit specified is only for main applicant. You will get the ILR if you can show 2 yrs of co-habitation in the form of docs.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

shendean
Member
Posts: 156
Joined: Wed Jan 30, 2013 10:19 pm
Location: St. Austell

Post by shendean » Wed Feb 06, 2013 8:30 am

uksettlement wrote:You will be fine as the absence limit specified is only for main applicant. You will get the ILR if you can show 2 yrs of co-habitation in the form of docs.
HI uksettlement.

its niice if you answer my question.

august 28 2010 i am married here in the uk so i got my spouse visa.. by october i went home to process my sons visa over 4months. and i com back here by march 2011. and last year april to june we had holiday with my son in my home country without my husband because he is working. but now i applied last year nov for my extension flr-m coz not pass my life in the uk. but not heard anything after my bioemtric done jan30. MY QUESTION IS IF I PASS MY LIFE IN THE UK TEST?? DO THEY ACCPT MY ABSENCES?
Shendean
Applied for Extension FLR-M
Ack Letter: Nov112012
Bio Given: Jan30 2013
Request Husband Passport: Feb14 2013
Husband passport Arrived Feb26 2013-ukba dont need the passport sent back
Refused Letter: march 5 2013

imbuser007
Newly Registered
Posts: 13
Joined: Thu Dec 09, 2010 9:13 pm

SET M Postal application Succesful for spouse

Post by imbuser007 » Fri May 03, 2013 11:37 am

Good News

my Set (M) postal application for spouse+kid is successful. (see my circumstances above..had 14 months absence)

Total time it took 4 weeks to get biometric and passports.

Application received by 5th April 2013
Payment Taken 9th April
Got biometric letter by 20th April
Gave biometric details 24h April
Received BRP and passports 3rd May

Thank you very much for all your help.

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