Am I eligible for ILR???

[humzah123]

Hi

We have a complex situation and need to know if I still qualify for ILR.

I have been in UK since 09/2001 and switched to PBS Dependent in April 2011. My husband received his ILR in Jan 2012. We did not know that if I leave the country then I cannot come back to UK on my current dependent visa. I only came to know last month.

I applied for my ILR on 10 years basis in May 2012 basis but had a family emergency so had to request to get my passport back to travel to my home country.

We cannot apply for FLR(M) because we did not maintain sufficient balance in our account so I am left with no option but to apply from outside of UK as a family member (off course after maintaining the sufficient balance in our account). I think I will be there for around 5 months as visa processing can take around 2months from there.

I am self employed and work from home so I have an advantage that I can continue working while abroad and still get paid in UK account. My husband is in full time employment and we do not get any benefits other than child benefit which any settled person can get regardless of their salary.

I have remained outside of UK total for 125 days in last 5 years and never stayed more than 40 days in one visit.

I want to now ask that when I come back to you UK then is there any chance that I can apply for ILR on the basis of 10 years residency or will I no longer be eligible?

Thanks

[geriatrix]

Given what you have posted and what I understood from it, I believe there shouldn't be a problem if you return to the UK within 6 months of your exit from UK.

See also Long residence.

[humzah123]

Thanks a lot.

I have read through the document and have following questions:

1) Following text is taken from page 17 - I want to ask that does this mean that if I return after more than 6 months then I am still eligible as I have built up 10 years of continuous residence (09/2001 - 09/2011) prior to leaving the country?

Example 2 on Page 32 - Does this also mean what I am trying to ask above?

Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards that they can apply. This means they could leave the UK, re-enter and apply for settlement based on a 10 year period of continuous lawful residence they built up in the past.

2) Legally in country - As my husband was granted ILR in Jan 2012 and I have not switched to FLR(M) yet. I just want to double check that I am still living legally in this country as I personally couldn't find any law stating that switch to FLR(M) should be done in certain time period.

3) I will definitel? apply as soon as our 3 months bank statement is ready and lets say if I apply 3 months after arriving in my home country and they take just over 3 months to grant me entry clearance then will homeoffice ignore that as exceptional circumstances as I applied well within time.


Thanks again for your help.

[geriatrix]

1. I am not sure but it does appear to be so.
2. Current PBS dependant leave is valid unless it is curtailed, expires or you travel abroad.
3. The onus is on you to return within 6 months. I am not aware of a possibility of discretion on this account, nor does the IDI make any such suggestion. But if 1 is true, then it doesn't matter.