Query regarding absences - ILR (PBS Dependent- Set O.

[Applu Rose]

Hello,

Wondering if someone could help me with your valuable advice....

My query is regarding my absences from the UK.

I came to the UK as a Tier 1 (General) partner in March 2011. I got my PBS dependent visa extended in November 2012 (valid until Nov 2015). I am planning to apply for ILR as a PBS dependent under SET O form in September 2014. I will be in the UK for 3 years and 5 months by then. (My eligiblity criteria for ILR is 2 years, since I fall under the 'before July 2012' category).

My query is:
Since my eligibility criteria is '2 years' in the UK, will it be sufficient to prove that I satisfy all the requirements in the immediate past 2 years (that is, from September 2012-September 2014)? Or will they count the 2 year period starting from March 2011?
The reason why I am asking this is because, I have been away from the UK for long duration during the initial time period. Therefore I had absences of >180 days then. However, since 2012 I satisfy all the requirements for ILR (<180 days plus cohab. documents across 2 years)

So, wouldn't these immediate past 2 years be fine to qualify for ILR as a PBS dependent??

Thanks a lot in advance for your advice.

Regards
Rose.

[Applu Rose]

Pleaseeeeee..........someone please help!!

[Obie]

Has your spouse secured ILR?

If he has, on what basis did he obtain ILR, or would he be applying for ILR at the same time as you?

[Applu Rose]

Dear Obie,
Thank you so much for your reply.

My husband was granted ILR in November 2012. That is when my PBS dependent leave to remain visa was extended. His ILR was based on HSMP/Tier 1.

[Obie]

Yes you will be fine . You are required to have been living with your spouse during this 2 years, not continuously.

Continuous leave refers to leave to remain before 9th July 2012.

Even if the rules refers to 2 years continuous residence, which i don't think it does, your continuous 2 year residence preceding the application shall cover you in any event.



I conclude that you will be fine.

[Applu Rose]

Dear Obie,

Thank you so much for your expert opinion. Im so relieved to know that it would be fine.

Once again, thanks a lot.
May God bless you.

Regards
Rose

[Applu Rose]

Hi Obie and Amber,

Thank you very much for your advice. I was granted ILR last week.

Regards
Rose

[Amber]

Congratulations!

[Cinna]

Hi Obie and Amber,

My wife is in a similar situation. I have been granted ILR.

Only difference is that she was in the uk from May 2011 to Nov 2013
Then she went to India from Nov 2014 to Sep 2014.
Came back with my baby on the same leave (extended before trip to India)

So she was not in UK for last 2 continuous years.

I was misguided by home office and hence did not apply for ILR with my set(O) form. I made a big mistake by believing home office call centre.

They are very good at confidently giving wrong answers.

I am in discussions with solicitors who are 'mostly' confident wife and son will get ILR.

Please can someone give some advice about eligibility and what documents I need to provide to support my wife's ILR?

She and my baby are financially dependent on me.

Thanks,
Cinna

[Swamiraj]

Hello Cinna, any update on ur case? I am in pretty similar situation.
Thanks