ILR - 10 Year Route

[NeedAdvicePlease]

Hello all,


Background:

- My first entry to the UK was on Feb 2002. I have been in the UK since then (More than 10 years).

- Currently, I don't qualify for the 10 years ILR as I have spent more than 21 months outside the UK during the past ten years.

- I have made an ILR application (based on the 10 year route) on Feb 2012 (i.e. as soon as I reached the 10 year milestone) which was not successful because I have spent more than 21 months outside the UK.

- Most of my absence was at the beginning of the 10 year period.

Questions:

1) Since most of my absence was at beginning of the 10 year period, can I wait for some time until I am under the 18 months limit e.g. waiting until Sep. 2013 which by then I should be under 18 months (Total Years in UK will be 11 years and 7 months. Does this work? (Yes/No)

If yes:

2) (Dependent) Born UK child (under 18 years old) with with BPS visa: Can I register him as a BC using MN1 application once I gain an ILR? (Yes/No)

3) (Dependent) Born UK child (under 18 years old) with no visa: Can I register him as a BC using MN1 application once I gain an ILR? (Yes/No)

4) (Dependent) Wife : a PBS dependent of tier 2 General and her visa is valid until 7/2015 and have been in UK under PBS for more than 3 years.

4.A) Will her PBS visa remain valid? (Yes/No) If not, what should she do?

4.B) When can she apply for an ILR, what application and what are the requirements?

4.C) Can she apply using SET (M) straight away without the need of applying for something like FLR?

4.D) What is the qualifying period ? (e.g. 2 or 5 years).

4.E) From when does the qualifying period start (i.e. does the qualifying period starts from zero after I gain an ILR (10 years) in other words loosing anytime she has accumulated?



Thank you very much and all the best

[vinny]

1. Yes, if you satisfy the Long residence requirements.
2. Yes.
3. Yes.
4. See also ILR Dependant Refusal Pls Advice.

[NeedAdvicePlease]

Thank you very much Vinny. I really appreciate your clarifications.

Regarding Question 4: I have read the links you provided so could you kindly verify my understanding/answers (in red font)?

4) (Dependent) Wife : a PBS dependent of tier 2 General and her visa is valid until 7/2015 and have been in UK under PBS for more than 3 years.

4.A) Will her PBS visa remain valid? (Yes/No) If not, what should she do?

No. After I gaining an ILR (10 Years), her PBS Dependent visa will not remain valid.

4.B) When can she apply for an ILR, what application and what are the requirements?

She needs to change to FLR and wait for two years and then apply for ILR via SET(M). Not sure what are the requirements?

4.C) Can she apply using SET (M) straight away without the need of applying for something like FLR?

She cannot apply for SET (M) straight away. After I gain an ILR (10 Years), she needs to switch to a FLR and wait for 2 years and then apply for SET (M).

4.D) What is the qualifying period ? (e.g. 2 or 5 years).

Not too sure. 2 years?

4.E) From when does the qualifying period start (i.e. does the qualifying period starts from zero after I gain an ILR (10 years) in other words loosing anytime she has accumulated?

After I gain an ILR (10 years), the SET (M) qualifying period starts again from zero (from the date she gets FLR. i.e. loosing any years she has accumulated.

Once again, thank you for your help!

[NeedAdvicePlease]

Could someone please validate/confirm my understanding/answers?

Thank you so much and good luck to everyone!

[vinny]

See also Flr(m) or Set(m) - please help very confusing

4D Should be 2 years?

See also Dependant of ILR (long residence) applicant on PBS leave.