ILR Dependant Application SET-O - Query on away period

[ManuDavid]

Hi Board,

I got the ILR on 19th December 2012 and we are planning to apply for my Wife and Son by end of this month. I have a concern about my Wifes absense days from UK. Both me and my wife first entered in UK on 11 Sept 2006, since 2008 we have mostly taken 30days holiday during which we spend outside UK, however during 2010-11 my wife stayed most of the time in India with her parents for her Maternity period, i.e. from June Till June 1011. She took 3 weeks from her holiday left in job and the rest was Maternity leave. Will this be an issue when calculcating the away period for her application.

Thanks for your time and patience.

[feigoronin]

Hi Board,

I got the ILR on 19th December 2012 and we are planning to apply for my Wife and Son by end of this month. I have a concern about my Wifes absense days from UK. Both me and my wife first entered in UK on 11 Sept 2006, since 2008 we have mostly taken 30days holiday during which we spend outside UK, however during 2010-11 my wife stayed most of the time in India with her parents for her Maternity period, i.e. from June Till June 1011. She took 3 weeks from her holiday left in job and the rest was Maternity leave. Will this be an issue when calculcating the away period for her application.

Thanks for your time and patience.

Hi,

Is your wife applying for ILR as your dependent or making her own independent application after 5 years continuous residence? If its through dependent route, there is no such rule on absence of dependent applicant. The dependent should have stayed with you for 2 years or more(at the same address). You need to prodive documents(bank statements, utility bills, tenancy agreements, HMRC letters etc) covering the 2 year period bearing either both your and your wifes names or documents in your name + your wifes name but having same address. Also, if questioned, you have a sound reason that she was away due to maternity. You have been married since 2006(as I understand), so don't see any issues with your application. Should be a straight forward one. I am just wondering why did you not apply for your wife and child along with your applicaton?

[ilrdep]

Check if this helps you
http://www.immigrationboards.com/viewto ... highlight=

[ManuDavid]

Thanks Feigoronin for your response.

The reason I didnt apply for my wife together with mine was due to the following reason which I missed to mention in my previous post.

When first entered in UK I was on a Work Permit and wife was a dependant of WP. That is from 11 Sept 2006 till 21st October 2008. Meanwhile I switched Employment and got a second WP from 21st October 2008 till 20 October 2011. Before the expiry of WP in October, extended the same but this time had to apply under the Tier 2 General with a sponsorship under the Point based system. The reason for extension was due to the fact, I had a traffic offence and a court fine during July 2009 which made me out of option. Thanks to the recent changes introduced by UKBA from 13 th Dec 2012, I got ILR, but I was still not sure whether my wife would qualify due to the away period while she was on WP. However, the new Tier 2 extension was granted during September 2011, If I am following the current rules for Tier 2 dependant,i.e. Dependent to be 2 years continuously in UK before the application date, then she will have to until mid June 2013.

My frist question here now is whether she can apply for ILR now or she has to wait until June 2013 to apply for the same. My other concern is if she cant apply for ILR now, is there a requirement to change her status using form FLR (M) to cover the period after my ILR till Sept 2013.

My second question my wife and son is planning to go India during May 2013 for her maternity and wont be back for another year or so. So can I wait and apply for ILE when she is away from India after June 2013 instead of applying either ILR or FLR now.

The reason for my second question is, I have come across some 28 day limit to change visa status if Main application is granted ILR,but one other post says the visa of dependant is still valid until its expiry even though main applicant got an ILR. The second information here was contradicting the first one. If the second one is correct, I believe it could be ok for me to wait until Sept 2013 and apply for ILE from India.

Please answer my query.

[ManuDavid]

Thanks ILRdep. The link was informative, however there is more confusion after going through it and I have quoted this in my second question to my query.

Thanks once again.

[feigoronin]

Thanks Feigoronin for your response.

The reason I didnt apply for my wife together with mine was due to the following reason which I missed to mention in my previous post.

When first entered in UK I was on a Work Permit and wife was a dependant of WP. That is from 11 Sept 2006 till 21st October 2008. Meanwhile I switched Employment and got a second WP from 21st October 2008 till 20 October 2011. Before the expiry of WP in October, extended the same but this time had to apply under the Tier 2 General with a sponsorship under the Point based system. The reason for extension was due to the fact, I had a traffic offence and a court fine during July 2009 which made me out of option. Thanks to the recent changes introduced by UKBA from 13 th Dec 2012, I got ILR, but I was still not sure whether my wife would qualify due to the away period while she was on WP. However, the new Tier 2 extension was granted during September 2011, If I am following the current rules for Tier 2 dependant,i.e. Dependent to be 2 years continuously in UK before the application date, then she will have to until mid June 2013.

My frist question here now is whether she can apply for ILR now or she has to wait until June 2013 to apply for the same. My other concern is if she cant apply for ILR now, is there a requirement to change her status using form FLR (M) to cover the period after my ILR till Sept 2013.

My second question my wife and son is planning to go India during May 2013 for her maternity and wont be back for another year or so. So can I wait and apply for ILE when she is away from India after June 2013 instead of applying either ILR or FLR now.

The reason for my second question is, I have come across some 28 day limit to change visa status if Main application is granted ILR,but one other post says the visa of dependant is still valid until its expiry even though main applicant got an ILR. The second information here was contradicting the first one. If the second one is correct, I believe it could be ok for me to wait until Sept 2013 and apply for ILE from India.

Please answer my query.

Hi ManuDavid,

Your wife has been a dependent since Sep 2006 as you have mentioned. As per my understanding she has long back qualified for ILR(since she has been your dependent for 2+ years). There is no such rule of absence for dependents. Also, there is no requirement to change her visa status till her current dependent visa expires. I have myself switched to ILR and my wife is still on my Tier-1 dependent visa. We too thought that we will need to apply for FLR(M) but the caseworker said no need for FLR(M), directly apply for her ILR when her current visa is within 28 days of expiry(or when it nears the 2 year period). We also travelled outside UK after that and got back without any issues. We will be applying for her ILR towards end of April.
My colleague who was on Tier-2 visa and got his ILR, too was told the same thing regarding his wife(who was a Tier-2 dependent) and they too did not apply for FLR(M). They applied for ILR in Oct and were granted.

Regarding your 2nd question, why do you want to wait for a year if you can apply now?

All you need for her ILR application is form Set(O), your last 3 months salary slips, last 3 months bank statements, LIFE in UK Test pass certificate of hers, and letters of co-habitation. Hope this clarifies your doubts.

Thanks.