Gap after the Indefinite leave

[dina123]

Hi Everyone
I have got my Indefinite leave to remain 7 months ago, on coming July I am going to apply for naturalization for myself and also apply for ILR for my wife and a baby (born outside the UK). If my wife's(and baby's) ILR is successful she is planning to go back to Bangladesh for minimum one year. Now my question is:

1. How will that make an affect to one year gap for my wife's and Baby's naturalization? Will they have to wait one year since they come back or three years time? As they will be staying more that 90 days outside UK? Is there any concern of breaking the residency rule? I am confused because in my ILR it is said that I can stay outside UK for 2 years without any explanation. But one of my friend said yes 2 yrs can stay but in that case they have to wait 3 years instead of one years to apply for naturalization.

2. Both my baby and wife are now in dependent visa of mine and baby was born in Bangladesh. Can I be able to apply passport straight way for the baby now?

if somebody help me in this area please would be highly appreciated. Thanks

[Jambo]

Once you become British, your wife won't need to wait 1year after ILR (this requirement is not needed for spouse of BC) so depending on how long it would take you to become BC / receive ILR she could apply immediately.

[SSWSZ]

If your wife got ILR and you got your passport then at that time if your wife will be here from last 3 years then she can apply for naturalization straight away then she don't have to wait for one year.
The rule is like this
Spouse of British citizen
Have ILR
Living legally from last 3 years
Life in uk
English level b1 .
So count the time your wife is here apply for your naturalization and then sort this for your wife.

I read on this forum that ho will create problem in naturalization if you stay outside uk for a long time but not sure .

[dina123]

My wife and baby came to the UK on July 2012. She will complete her 2 yrs stay as my spouse on July this year. So how can I apply ILR now using set (m) for them?
Secondly, in her Home office letter when applied for FLR(M) it is written that she has to complete of 2 years in the UK as the spouse (I have written exactly what they have written in that letter).
Is this 2 years starts from when I ILR? OR Including the time when she was here as an dependent of my PSW visa?

[SSWSZ]

Here is my mail from home office so you will sort out 2 year period yourself .for those who came under old rules their pbs status also count towards ILR .just read this mail and you will get ans for all your questions.



Dear Sir/Madam,

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).

I trust this clarifies the situation.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

From: saher . [mailto:saher_710@hotmail.com]
Sent: 14 December 2013 20:31
To: Settlement Ops Policy Mailbox; Public Enquiries (CD)
Subject: ILR QUERY

Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now
My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

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[SSWSZ]

She can apply 28 days before completing 2 years .she can also apply in peo which means same day service .but if she came in July 2012 then still she can apply in July 2015 for naturalization because her total time in uk is less then 3 years as now .


How did you get ILR .what is the very first time your wife came in uk? And did she renew her visa before expiring the old status .
Can't help you without full history.

My wife and baby came to the UK on July 2012. She will complete her 2 yrs stay as my spouse on July this year. So how can I apply ILR now using set (m) for them?
Secondly, in her Home office letter when applied for FLR(M) it is written that she has to complete of 2 years in the UK as the spouse (I have written exactly what they have written in that letter).
Is this 2 years starts from when I ILR? OR Including the time when she was here as an dependent of my PSW visa?

[dina123]

No she is not under the new rule as her visa issued before July 9, 2012 and when I applied for her FLR (M) I didn't need to show new income threshold. Immigration boards specially ssusmehta, damanishalo these two GURUS helped me a lot. I will remain grateful to them.
Ok, my wife came as a PBS dependent of My PSW visa on July 18 , 2012. Later she extends her visa using FLR (M)at the same when I applied for my ILR under 10 years rule.
Now

My main concern when can she apply for her ILR and if achieve it what problem would happen if she stay one year outside UK?

[SSWSZ]

Then she can apply for ILR in June around 20th of it.after that she is free to travel but the problem is I read many post here that leaving outside uk will effect naturalization but I have no idea .

[Jambo]

The only issue would be meeting the residence requirements.

This includes 90 days in the last 12 months so she will probably need to wait at least 9 months on her return until she meet this requirement.

The second requirement is less than 270 days of absence (if applying as spouse of BC after 3 years of residence) or less than 450 days of absence (if applying based on 5 years of residence). Meeting this requirement might be difficult if she will be absent for 360 days. .