ILR dependent query (10 months gap) - ILR Success Solihull

[srivisaN]

Hi Vinny,

Is there any clarity on 5 years continuous period for dependent ILR w.r.t absences from UK. I am in confusion about my wife's ILR

1st entry to UK: 16th May 2013 as Tier 1 Dependent
1st Renewal : 02nd March 2015, extended till 24th April 2018 as PBS Dependent (at that time I was on ILR)

I got my BC in May 2016.

She was out of the UK at least 1 month in each year till 2016, also out of UK from April 2016 to April 2017 because of maternity (she is on Maternity leave and getting maternity pay in this time)

I am not sure if we can apply for ILR by 24th April 2018 (considering that she completes 5 year probationary period and she can claim 28 days before 5 years rule)

[CR001]

Kindly refrain from digging up old topics from 2013 to post a question. I have split your post to its own topic (here)

[vinny]

I think she may apply for ILR between 18 April 2018 and 23 April 2018, provided the rules remain as now.

[srivisaN]

Thanks Vinny,

Sorry to ask the same question again,

hope there is no problem w.r.t 1 year stay out of UK because of maternity and the usual rule 180 days in 12 months will not applies to dependents ?

Also, since I am a BC now can she immediately apply for BC after getting ILR and what will happen to the 1 year out stay at that time of BC Application ?

[CR001]

Thanks Vinny,

Sorry to ask the same question again,

hope there is no problem w.r.t 1 year stay out of UK because of maternity and the usual rule 180 days in 12 months will not applies to dependents ? this rule does not apply to dependents as vinny advised in the post you made in Tier 1 General sub forum.

Also, since I am a BC now can she immediately apply for BC after getting ILR and what will happen to the 1 year out stay at that time of BC Application ? Yes she can, provided she meets ALL the standard requirements and if applying as spouse of BC, that includes the absence limit of 270 days in the 3 years immediately preceding date of citizenship application.

[vinny]

For naturalisation, she has to satisfy the residence requirements, etc., at the time of the application.