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status of ILR(LR)Dep, after main applicant becomes BC??

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shughal
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Posts: 58
Joined: Wed Feb 18, 2009 11:00 pm
Location: london

status of ILR(LR)Dep, after main applicant becomes BC??

Post by shughal » Sat May 31, 2014 11:52 pm

Hi All,

My friend just got ILR on LR basis. After (hopefully) getting the British passports for 2 kids in due course of time who borne here in UK ,he would apply for his Mrs (FLR(M)).
Question is when he would get Red Passport after a year AS he has ILR now what would be the status of his wife??
As whole family would be having Red Passports except her at that time. Would she be able to apply for ILR on thebasis of her husband or children or through any other way or she would have to complete 5 years in order to apply for ILR.

Also if the husband leaves UK AFTER becoming a BC then what about his Mrs as she would be having FLR at that time.



Kind regards

Amber
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Re: status of ILR(LR)Dep, after main applicant becomes BC??

Post by Amber » Sun Jun 01, 2014 7:14 am

I'm afraid it's a 5 year route.

Is he leaving the UK for employment?
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shughal
Junior Member
Posts: 58
Joined: Wed Feb 18, 2009 11:00 pm
Location: london

Re: status of ILR(LR)Dep, after main applicant becomes BC??

Post by shughal » Sun Jun 01, 2014 8:50 pm

Thanks for your reply Amber
Yes he has a strong intention to work in Dubai but just waiting to settle down these immigration issues. So in case he goes there after becoming a BC for work or Business then what would be the status of his wife. I mean to say what about the gaps with respect to no of days absent from UK in that case then if she lives there for longer period.

Would she still be able to apply for ILR???



Kind regards

Amber
Moderator
Posts: 17495
Joined: Tue Jan 15, 2013 11:20 am
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Re: status of ILR(LR)Dep, after main applicant becomes BC??

Post by Amber » Mon Jun 02, 2014 6:31 am

Perhaps, they'd need to keep proof of a subsisting relationship whilst he's away and travel home frequently for weekends etc.... Cohabitation proof should be kept for all periods.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

shughal
Junior Member
Posts: 58
Joined: Wed Feb 18, 2009 11:00 pm
Location: london

Re: status of ILR(LR)Dep, after main applicant becomes BC??

Post by shughal » Mon Jun 02, 2014 8:24 pm

I think either I could not understand what you saying or I could not convey it properly. I meant to say that if whole family moves to abroad for job point of view having 3 British passports and wife on FLR(M) then what would be the status of wife. Now if you read the previous post in this perspective , hopefully you will get it what I need to ask.



Thanks again for your time

Amber
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Re: status of ILR(LR)Dep, after main applicant becomes BC??

Post by Amber » Mon Jun 02, 2014 9:18 pm

You should avoid that scenario it may be considered acceptable for a short period but not indefinitely as you're intending to settle in the UK.
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shughal
Junior Member
Posts: 58
Joined: Wed Feb 18, 2009 11:00 pm
Location: london

Re: status of ILR(LR)Dep, after main applicant becomes BC??

Post by shughal » Mon Jun 02, 2014 9:57 pm

Thanks again
But I kindly need to know what the law says about it.
For how many days a dependent of a BC can live outside the country with him on the basis of FLR(M). If someone can find better opportunity abroad then he would certainly like to move there but end of the day questions remains about the dependent .

Can you kindly provide any kind of reference please in this regard.



Many thanks

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: status of ILR(LR)Dep, after main applicant becomes BC??

Post by Amber » Tue Jun 03, 2014 7:40 am

The law doesn't say, absences should be limited and for good reason, that's it.
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