ILR - Qualifying period for dependants

[Niki11]

Hi

I came to UK in Nov 2010 as dependant of my husband who is in Tier 1 General visa. I went back to India in June 2011 to have my baby there and came back to UK in June 2012. My husband is going to apply for ILR this July. My question is how soon can I apply for ILR, do I have to be in UK continuously for two years or the total stay in UK for two years (including my previous stay of 7 months) is enough? Also can we apply for our child along with my husband or wait for the completion of two years?

Please can anyone help me in this regard. Many thanks in advance.

[uksettlement]

Hi

I came to UK in Nov 2010 as dependant of my husband who is in Tier 1 General visa. I went back to India in June 2011 to have my baby there and came back to UK in June 2012. My husband is going to apply for ILR this July. My question is how soon can I apply for ILR, do I have to be in UK continuously for two years or the total stay in UK for two years (including my previous stay of 7 months) is enough? Also can we apply for our child along with my husband or wait for the completion of two years?

Please can anyone help me in this regard. Many thanks in advance.

For dependants 2 yrs stay is needed. Also there is no restriction on the absences for dependants. You will easily be eligible to apply with your hubby. Also, your Son's ILR can be applied together as you both will be on ILR.

[Niki11]

Hi,
Thanks for your reply. but I have stayed in India for 1 year,still am I eligible to apply with my husband in July.but I haven't stayed with my husband in UK for 2 years

Thanks

[vinny]

You also have to show that you marriage was/is subsisting.

[Niki11]

Hi everyone,

Please clarify as I am confused here. When my husband applies for ILR in July,

a) I would not have stayed with him continuously for 2 years in UK
b) I would not also have completed total 2 years stay in UK (previous 7 months plus 14 months, so totally only 1 yr and 9 months)

So should I apply for extension (FLR) when my current leave expires and apply for ILR when I stayed continuously for 2 yrs in UK?

I could not find clarification on continued absence on UKBA website. Please help me..

For your reference my period of stay in UK is as below:

a) Entered UK on 28th Nov 2010 and left UK on 24th June 2011 (period of 7 months) for maternity purposes

b) Came back to UK on 4th June 2012 and living here since then.