ILR for spouse - continuous period

[sip05ma4]

Hi All,

Thanks for taking time to read this post.

She is eligible for ILR since Feb 2014. We didn’t apply earlier because of financial reasons.

She was away for last three months. And as I understand her continuous period will break.

https://www.gov.uk/government/uploads/s ... eriods.pdf

We are planning to apply next month

Can we argue with Home Office that She was not out of country for more than 90 days consecutive prior to Feb 2014 (since she was eligible since then)

http://lifeintheuk.net/index.php/after_ ... dence_ilr/


Any help is much appreciated

Sip

[Amber]

Is this spouse leave or PBS dep leave?

[sip05ma4]

It is PBS Dependent Leave

[Obie]

Well the 180 days or the 90 day as you put it, will not affect your spouse, as she will not affect your wife, as her application will be under 287. It does not affect spouse of settled person.

[sip05ma4]

Hi,

I wanted to clarify

She is on Dependent of Settled Person

I got ILR last year through Tier 1


many thanks,
Sip

[Amber]

Absences should be limited and for good reason. Absences less than 6 months don't need disclosing on SET(M).

[sip05ma4]

Hi,

Thanks a lot for your reply.

Is there any difference between wife of ILR holder who got ILR from Tiere 1 or any other route.

I am asking this because last year when I was to apply her extension of visa, I had to use BPS dependent form ( which had higher fee)
They say if you got ILR on the basis of PBS then you can't use FLR (M)


It seems really tricky

Can you please direct me to some authentic information so that I save my fee of ILR and time

I really appreciate your help


Many thanks,
Sip

[Amber]

You keep changing your mind! If your dep is still a PBS dep it's SET(O).