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ILR for Dependants with break in continuous stay

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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sslvm
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Joined: Thu Feb 19, 2015 1:53 pm

ILR for Dependants with break in continuous stay

Post by sslvm » Wed Feb 25, 2015 4:23 pm

Hi,

Below is my Tier 2 ICT initial & extension details with my dependants applied at same time.

Initial: 01-Apr-2010 - Jan-2011
Extn 1: Feb-2011 - Jan-2013
Extn 2: Feb-2013 - Jun-2015

We together entered UK on 26-April-2010.

I will be completing my 5 years stay and planning to apply for ILR in Apr-2015 but my dependants has break in continuous stay, below are the period they are outside of UK.

03-Apr-2012 to 05-May-2012 - 30 days
20-Aug-2012 to 18-Sep-2012 - 30 days
11-Mar-2013 to 26-Mar-2014 - 379 days

I would really appreciate, could some one please tell me whether my dependants are eligible for ILR in Apr-2015?

Thanks

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR for Dependants with break in continuous stay

Post by vinny » Wed Feb 25, 2015 10:15 pm

Was her continuous leave also broken?
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justgood80
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Joined: Mon Sep 22, 2014 3:47 pm

Re: ILR for Dependants with break in continuous stay

Post by justgood80 » Wed Feb 25, 2015 10:21 pm

if you are the main applicant then your dependants will get ILR basis you get ILR - and you are eligible. Consult a lawyer if you can.

sslvm
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Posts: 3
Joined: Thu Feb 19, 2015 1:53 pm

Re: ILR for Dependants with break in continuous stay

Post by sslvm » Thu Feb 26, 2015 10:49 pm

Thanks vinny and justgood80

I don't know how to calculate the continuous leave (whether calculating from starting or from last), below is my wife stay details inside and outside UK starting from 26-Apr-2010 to till today

UK - 1 years, 11 months, 7 days
Outside UK - 1 months, 2 days
UK - 3 months, 13 days
Outside UK - 29 days
UK - 5 months, 19 days
Outside UK - 1 years, 0 months, 15 days
UK - 11+ months till date

So for this above period of stay, is she eligible for ILR at same time when I apply (Apr-2015)?

sslvm
Newly Registered
Posts: 3
Joined: Thu Feb 19, 2015 1:53 pm

Re: ILR for Dependants with break in continuous stay

Post by sslvm » Sat Feb 28, 2015 2:03 am

Experts, could someone kindly clarify my query.
Thanks

Amiya
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Posts: 35
Joined: Sat Feb 09, 2008 12:04 am
Location: UK
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Re: ILR for Dependants with break in continuous stay

Post by Amiya » Sun Mar 01, 2015 2:25 pm

Hello Experts..

I would appreciate your valuable response in my following concern regarding ILR application of my spouse and child;

I am on Tier 1 visa, came to UK in June 2010 and completing my 5yrs continuous stay in June 2015 and going for the ILR. My dependants came in Jan 2011 and they would be completing their 5yrs in Jan 2016. However, my wife and child they were out of UK for more than a year(May2013-May2014) during this 5yr period. My concern is can I apply their ILR when go for mine in June. There is a genuine reason for the out of UK stay of my wife as her father was ill and we can provide the proof.

Please note, the visa of the dependants is continuous. I mean they had visa from jan 2011 to Mar 2013, Mar 2013to Mar 2015 and now valid until Nov 2017. So no break in visa.

Many thanks for your kind advice.

Regards,
Aks

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