visa expiring 30th April need to go to India emergency..

[IndianoftheUK]

Hi
Can someone tell me what the rules for the following scenarios:
My initial 33 months stay as spouse of settled person is expiring 30th April - I have prepared almost al documentation for FLR-M extension. There has been an unfortunate situation with family and have to leave to India urgently (with in next two days) and no PEO appointments available for tomorrow.

Wondering if I go and apply from India in May sometime, will that be a fresh spouse visa application? And my 5 years residency requirement for ILR would start again from May / June 2017 with fresh application and will lose the 33 months stay already completed?

Any ideas are most welcome.

Kind Regards

[CR001]

Wondering if I go and apply from India in May sometime, will that be a fresh spouse visa application?

Yes you can and yes it will.

And my 5 years residency requirement for ILR would start again from May / June 2017 with fresh application and will lose the 33 months stay already completed?

Yes, likely a new 5 year residence period.

Why have you waited till the last minute to apply? On what date did you enter the UK after your visa was granted in August 2014??

[IndianoftheUK]

Thanks for the prompt reply. Visa granted on 05th August 2014.
My sponsor is self employed and hence had to wait till 31st March as dividends drawn all year and all the accounts CT600 etc are filed and then get a confirmation and then accountant letter, and then SA302.... all other things are ready, was supposed to post today / tomorrow.
We never thought of going for PEO as things are ok with us. it's really unfortunate we found ourselves in...
Anything you can suggest at all please?

[IndianoftheUK]

Entered UK on August 26th 2014. Before that I was tier-1 dependent from March 2010 to April 2013... then pregnancy break and other health issues from april 2013 to August 2014.
My husband got PR in may 2013
and the became british in march 2016
have two sons - 1st is born in India in august 2013
2nd - born here british august 2016
I was hoping I can apply for 1st son's MN1 but been told would be rejected... any suggestions on that front either... please?

[CR001]

Your son born abroad will follow the same path as you, will also require ILR before being able to register as BC.

If your husband applied for ILR based on Tier 1, pity you didn't apply with him as you would have qualified with only needing 2 years residence back then.

[IndianoftheUK]

thanks very much.
Just a strange coincidence whenever we had / have to apply for visa always something comes up and then rules change. Has never been easy with us...
thanks for you prompt reply once again, much appreciated..
One last thing between Aug 2014 and Aug 2019 - if we had more than 4 months continuous break in stay (assuming I went for in-country flr-m extension) I would not qualify for ILR isnt it?

[CR001]

There is no absence limit for spouse settlement visas but obviously you must have residence in the UK, i.e. you cannot hold a visa and live abroad and then come back and expect ILR.

[IndianoftheUK]

Very true. Thanks