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Yes but child will still need ilr as the child was born abroad.Question 1: Can dependent wife alone apply for ILR on September 2019 (28 days before 5 year completion) ?
No. The child is not British and only a British citizen can apply for a British passport. Child needs ilr first and can only apply to register as British once either parent is also applying for citizenship and the other parent holds ilr. There is no shortcut for your child born abroad.Question 2: Can child directly apply for British passport once both parents are on ILR, without applying for ILR ?
https://assets.publishing.service.gov.u ... -v20.0.pdfPBS and Appendix W dependant partners
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences.
https://assets.publishing.service.gov.u ... -v20.0.pdfContinuation of lawful leave during absences from the UK
Pre 24 November 2016
The continuous period is maintained if the applicant either:
• leaves the UK with or without valid leave, but applies for new entry clearance within 28 days of their leave expiry date, is granted and re-enters the UK using that entry clearance
• leaves the UK with valid leave and re-enters the UK whilst that leave remains valid
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated.
Zimba wrote: ↑Fri Apr 03, 2020 2:14 amAs I said the case worker is wrong. Your wife left with a valid visa, applied for a new visa before expiry and re-entered the UK. This maintains her continuous leave. The guide is VERY clear on this:
https://assets.publishing.service.gov.u ... -v20.0.pdfContinuation of lawful leave during absences from the UK
Pre 24 November 2016
The continuous period is maintained if the applicant either:
• leaves the UK with or without valid leave, but applies for new entry clearance within 28 days of their leave expiry date, is granted and re-enters the UK using that entry clearance
• leaves the UK with valid leave and re-enters the UK whilst that leave remains valid
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated.
Reply to the caseworker that as per guide she has maintained continuous leave for the 5 years and as she has no absence limits, she must qualify for ILR