ILR Eligibility w.r.t absences.

[amaram.reddy]

Hi there,

I am planning to apply for ILR in May 2016, I am a bit confused on the absence from UK. I have a quick query on me and my husband's ILR eligibility. My husband has a Tier 1 (general) visa and I have a Tier 1 (Dependent) visa's and our visa's were issued in India in 2009. Here are the details regarding my husband's absences who is the main applicant.

Year 1: 01-May-2016 to 02-May-2015 ( 24 days)
Year 2: 01-May-2015 to 02-May-2014 ( 2 days)
Year 3: 01-May-2014 to 02-May-2013 ( 48 days)
Year 4: 01-May-2013 to 02-May-2012 ( 42 days)
Year 5: 01-May-2012 to 02-May-2011 ( 21 days)

He has first entered in UK on 06-Feb-2010 stayed for 31 days and again entered in UK on 15-Jan-2011 so we did not calculate absences from 01-May-2011 to 02-May-2010. But me and my son entered the UK on 29-Aug-2011 and here are the details of my absences.

Year 1: 01-May-2016 to 02-May-2015 ( 44 days)
Year 2: 01-May-2015 to 02-May-2014 ( 2 days)
Year 3: 01-May-2014 to 02-May-2013 ( 365 days)
Year 4: 01-May-2013 to 02-May-2012 ( 157 days)
Year 5: 01-May-2012 to 02-May-2011 ( 70+days)

My questions are:
1. Are me and my husband eligible to apply for ILR with the new rules in May 2016?
2. Is there any necessity that dependent should stay continuously for 2 or 5 years along with the main applicant in the UK?
3. Do we need any evidence documents stating the purpose of our absences?

Thanks in advance.

Regards
Smruthi

[secret.simon]

Year 3: 01-May-2014 to 02-May-2013 ( 365 days)
Year 4: 01-May-2013 to 02-May-2012 ( 157 days)

What was the reason for a year and a half away from the UK?

1. Are me and my husband eligible to apply for ILR with the new rules in May 2016?

We don't know what the rules will be in May 2016. But assuming that they do not change, and confining my answers to the rules regarding absences, your husband would be eligible for ILR in May 2016. I am not so sure about you.

As I understand it, absences for PBS dependents should be limited and for good reason. A year and a half in one go out of a total of five years residence does not sound to me like "limited". But I will wait for others to comment.

2. Is there any necessity that dependent should stay continuously for 2 or 5 years along with the main applicant in the UK?

The dependent needs to prove that she was in a "subsisting relationship" with the main applicant for the duration of the five years that she had leave as PBS dependent.

3. Do we need any evidence documents stating the purpose of our absences?

Given the quantum of your absence from the UK, it is highly likely that you would be asked for it.

[amaram.reddy]

Hi Simon

Thank you so much for your response. There were multiple reasons for that absence.
1. My Father in law was very sick and hospitalised so my mother in law needed support to take care of him.
2. Me and my husband were planning of setting up a business based out of India as we were already staying long we got our hands on starting up the business.
As a result me and my son stayed in India for 1.5 years.

What documental evidence would I need, to prove my subsiting relationship with my husband?

Thanks & regards
Smruthi

[CR001]

If you had continuous visas since 2009, you fall under the pre July 2012 rules where only two years residence is required for a PBS Dependent.

You would only need to submit proof of cohabitation for the 2 years leading up to ILR.

If your visa expired during your long absence and you reapplied for Tier 1 G dependent in 2013, then you are likely now on the 5 year route and will qualify for ILR in 2018.

[amaram.reddy]

Hi there,

Thank you so much for your response.

Our visa's were continous never expired during our stay in India, which means we can be considered as pre July 2012. What would be the best scenario here?

1. Apply along with my husband in May 2016 on same day service? (Or)
2. Finish applying for my husband and then apply for me and my son?

Thanks & Regards
Smruthi

[haiksuresh]

As said by CR001 your husband will be absolutely fine. But for your case, you need to prove that you and your husband was staying in single address for last two years from the date you are applying ILR. and also make sure it should be from three sources.
Like NHS letters, Bank statements, Utility bills, Home office reference letters, HMRC letters, Phone bills.

Regards,
Suresh