Meaning of continuous period of 5years

[murali.lalitha]

My son's and my Tier 1 dependant entry clearances were issued on April 11, 2013 (valid until Dec 18, 2014). We came to the UK on May 20, 2013, to join my husband. We had our visas extended on Nov 7, 2014, with 3 years validity. My son and I went to India on Nov 27, 2014, and stayed there for 10 months. We returned on Sept 7, 2015. We have been in the UK since (barring one month in 2016 when we visited India again) and extended our visas again to 2020. (Addl info: My husband was granted citizenship in 2015)

However, we would like to apply for ILR now, in July 2018.

1. Is my understanding correct that the 180 day absence rule is not applicable to us?

2. The immigration rule calls for the dependant to have spent a "continuous period of 5 years with the spouse in the UK". Having spent 283 days outside the UK without my husband, will this affect my ILR application? Do I need to "defend" my absence? Could you kindly provide links to any recent similar cases that have seen success?

3. For the Eng language assessment, should I submit to NARIC both undergrad and postgrad medium of instruction letters or would only post grad medium of instruction letter suffice?

I would be grateful for any advice on the above questions.

Thanks.

[CR001]

1. Is my understanding correct that the 180 day absence rule is not applicable to us?

Correct.

2. The immigration rule calls for the dependant to have spent a "continuous period of 5 years with the spouse in the UK". Having spent 283 days outside the UK without my husband, will this affect my ILR application? Do I need to "defend" my absence? Could you kindly provide links to any recent similar cases that have seen success?

No you do not need to 'defend' your absence and no it will not affect your ILR. You are overthinking.

3. For the Eng language assessment, should I submit to NARIC both undergrad and postgrad medium of instruction letters or would only post grad medium of instruction letter suffice?

You need NARIC, both English Language assessment and comparable assessment as you have not had to prove English for your dependent visas.

[murali.lalitha]

Thank you for the reply.

Regarding NARIC, I plan to apply through the Red Route. I would be submitting my BSc marks cards and final degree certificate, similarly MA consolidated marks sheet and degree certificate. It's with respect to the medium of instruction letter that I wonder if I need to submit one each from the universities where I did my bachelors and masters or if only the MoI from my post grad varsity would suffice?

Also, for proof of cohabitation - for a six month period I do not have any proofs. There is a rental agreement which says Mr & Mrs R (husband's surname), although I go by the name L M (different surname). Hence, will this be accepted or does it strictly have to conform to LM?

Thanks again.

[murali.lalitha]

Dear moderators

I submitted my Set (O) application online today and booked a PSC appointment as well for next month. However, I feel the information entered is incorrect and wish to withdraw my application. But cancellation and withdrawal policy says that applications made in the UK and cancelled will not receive a refund. How do I redress the situation?

Under the English Language Requirement, to the question:
Does your degree meet the English language requirement for this visa? I have mentioned Yes.

However, I have applied to NARIC only yesterday and results are expected only after 10-15 working days. So, based on the time of submission of the online application, I am yet to fulfil my English language requirement. Although I am positive about the NARIC outcome, I feel I may be incorrect in mentioning Yes, in advance. Is this information false and misleading? Do I need to cancel and withdraw my online application?

Kindly advice. Thank you.