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eligibility of dependant for ILR

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

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palakurthikiran
Newly Registered
Posts: 2
Joined: Wed Sep 21, 2011 10:05 pm

eligibility of dependant for ILR

Post by palakurthikiran » Wed Sep 21, 2011 10:33 pm

Hi All,
Need advice. I am already eligible for ILR for over 6weeks now.Thing thats been bothering me is:
My wife has been to india in Aug 2010 and returned to UK in July2011. She was in india as we had our first baby. In the last one year she has been away for 10 months. We have been married for 3yrs now, and my wife joined me in the UK in nov 2008. Will this long period of staying outside the country affect her application for ILR. I am the main applicant.
If it does not affect, do i need to provide any other supporting documentation.

Guidance is highly appreciated

regards
kiran

kamal_ece
Junior Member
Posts: 61
Joined: Mon Jan 04, 2010 6:53 pm
Contact:

Post by kamal_ece » Wed Sep 21, 2011 11:29 pm

Ideally, for dependent the absence period doesn't affect the main applicant.
I did verified this information with home office last week. In my case it was 4 months.

May be gurus/sages can give more insight to this.

Regards,
KK

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Thu Sep 22, 2011 8:25 am

what visa are you on?

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Thu Sep 22, 2011 9:30 am

See also Ambassador's success.
Life isn't fair, but you can be!

palakurthikiran
Newly Registered
Posts: 2
Joined: Wed Sep 21, 2011 10:05 pm

eligibility of dependant for ILR

Post by palakurthikiran » Thu Sep 22, 2011 6:57 pm

dear XYZ123,
i am on tyre 1 general. my wife had to be away in india to have our baby. i have a photo copy of her MATB1 form (original was given to her employer) and the baby's birth certificate to prove her maternity absence from the country.

crcnaidu
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Joined: Wed Mar 16, 2011 7:26 pm
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Post by crcnaidu » Sat Sep 24, 2011 10:51 am

Hope this Helps

319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made; and

(h) The applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

osteophytes
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Posts: 218
Joined: Tue Jun 30, 2009 6:32 pm

Re: eligibility of dependant for ILR

Post by osteophytes » Sat Sep 24, 2011 7:31 pm

palakurthikiran wrote:Hi All,
Need advice. I am already eligible for ILR for over 6weeks now.Thing thats been bothering me is:
My wife has been to india in Aug 2010 and returned to UK in July2011. She was in india as we had our first baby. In the last one year she has been away for 10 months. We have been married for 3yrs now, and my wife joined me in the UK in nov 2008. Will this long period of staying outside the country affect her application for ILR. I am the main applicant.
If it does not affect, do i need to provide any other supporting documentation.

Guidance is highly appreciated

regards
kiran
Looks like you are confused that the 90 day rule which was for Citizenship applications will apply for ILR as well. There are no set residential qualification rules for spouse ILR. I think she can apply for ILR but she might have problems with citizenship application in future if she does not satisfy the residential requirements.

With the new rules about settlement being discussed by the current government, I strongly advice you to apply asap.

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