ILR Queries

[manishak84]

Hi,

I have two queries on ILR

1) My Visa expires end of Feb next year and I am travelling to India for a month and returning back mid of Jan’17, is there any limitations/criteria before applying to ILR or visas which are due to expire?
2) I was away from UK for 6 months during my maternity in 2015, will I be still qualifying for ILR?

Thanks,
Manisha

[CR001]

1) My Visa expires end of Feb next year and I am travelling to India for a month and returning back mid of Jan’17, is there any limitations/criteria before applying to ILR or visas which are due to expire?

No criteria other than you must have a valid visa at the time of applying for ILR.

2) I was away from UK for 6 months during my maternity in 2015, will I be still qualifying for ILR?

It depends on which visa you hold (you don't state the category you hold). Different visas have different ILR requirements.

[manishak84]

thanks very much for your reply.

i am on a dependent spouse visa, my husband has a British passport
i came to UK in Nov 12 and my visa expires on 25/02/2018.

[CR001]

i came to UK in Nov 12 and my visa expires on 25/02/2018.

If you entered the UK in November 2012, you are ALREADY eligible to apply for ILR. You can apply within 28 days before reaching 5 years residence, providing that you have held a valid visa and extended within the UK (not outside for a new entry clearance at any point).

Re. absence - There is NO absence limit for spouse visa holders.

[manishak84]

thanks again very much appreciated for your reply.

i am still confused could you please on my travel as well please.

-will the immigration authority have any issue when coming back to UK as i have visa active less than a month?
-will the airlines allow me to travel back from India? should i check with the Airlines?

i also just checked my residence permit card here are the details -

Valid until - 25-02-218
Place and date of Issue - UK 25-02-2015
type of permit - its PBS Dependent Leave to Remain
(If you entered the UK in November 2012, you are ALREADY eligible to apply for ILR. You can apply within 28 days before reaching 5 years residence, providing that you have held a valid visa and extended within the UK (not outside for a new entry clearance at any point).

Re. absence - There is NO absence limit for spouse visa holders.)

Remarks - Restricted work No DR/Dentist Training

[CR001]

-will the immigration authority have any issue when coming back to UK as i have visa active less than a month?

Not an issue.

-will the airlines allow me to travel back from India? should i check with the Airlines?

Should not be an issue.

Valid until - 25-02-218
Place and date of Issue - UK 25-02-2015
type of permit - its PBS Dependent Leave to Remain

What date exactly did you enter the UK in 2012?

Have all your visa applications since then been done in the UK?

On what basis did your spouse get ILR, 5 years PBS route or 10 years long residence route?

There is NO absence limit for your visa category.

[manishak84]

hello there,

I entered UK 6-11-2012, all my Visa were up to date and renewed without any issues in the UK
My husband had Tier 1 HSMP Visa, he then applied for ILR after completing 5 yrs in the UK.

[CR001]

I entered UK 6-11-2012

You could have already applied for ILR in mid October. There is no need to wait till your visa expires.

[manishak84]

Many thanks for your Advice and Help Mam.