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If she is on a spouse visa, then it falls under the Spouse Settlement visa group. What is her full immigration history, including dates and where visas were applied for?Do I need to apply for an extension or can I apply for a settlement visa?
So what visa is she on now? How did you come to a conclusion it has to be extended in August?Tier1 query wrote: ↑Wed Jun 28, 2023 11:27 pmope you are well, just want to clarify on my wife's visa is due to be extended in Aug.
Residency is broken if she wasn't on a "Spouse/CP" visa. This is different from a dependant visa.Tier1 query wrote: ↑Thu Jun 29, 2023 1:41 pmbut the thing is she is out of country for 1 year 2 months , can we still apply for ILR ?
Continuous residence is broken in specified circumstances such as when an applicant is absent for more than 180 days in any 12 month period without permitted reasons.
As already advised, they can apply if they meet the requirements for ILR, includingTier1 query wrote: ↑Thu Jun 29, 2023 1:41 pmbut the thing is she is out of country for 1 year 2 months , can we still apply for ILR ?
E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.