ILR application for Dependent - Absences > 180?

[ukimmigrant]

Hello,

I am on Tier 1 and I am going for 2 yr extension from July 2013 to July 2015. In 2015, I shall be eligible to apply for ILR.

My wife is pregnant and wish to deliver the baby in India. As known to me, it is not possible to apply for extension of VISA from India. There might be a 1 month delay for me to get the extension and for her to apply and get the new VISA.

So would it be a problem if there is a break in the VISA for my wife when I apply for my ILR? As per the rule the dependent should be staying with the main applicant in UK for at least 2 years while applying for PR.

1. How do the UKBA officers check the continuity of 2 years for the dependants?
2. Is the absence rule (180 days rule) applicable for our dependents as well?
3. Will Utility Bills be sufficient for proving 2 yrs residency for dependants?

Looking forward for your replies..

[wpilr_nov12]

1. When does your wife's current visa expire?

2. Have you considered delivery in UK? This makes future transition for your child easier once you get your ILR.

3. When is the expected delivery date?

[ukimmigrant]

The delivery is in Dec 2013. The extension is in Jan 2014. Her VISA also expires by the same time.But I am not sure whether she will reach back by date of extension. My ILR is to be filed on Jan 2015.

That is why I am confused whether a break will cause any trouble while filing ILR.

Also can you please clarify how does the process makes easier if the child is given birth in UK while filing the ILR for the child?

I know it is quite early to think about ILR. I thought of planning it properly.

[wpilr_nov12]

If the child is born in UK before the parents have ILR, the child has ENTITLEMENT to register as a British Citizen once parents have ILR.

If the child is born outside UK before the parents have ILR, the child's registration as British Citizen is at the DISCRETION of Home Secretary, and both parents need to be in at least Settled (ILR) Status.

If the child is born in UK, you can still get his/her Indian passport, get Dependent visa for him/her and carry on as normal. It would make better sense to get both your wife's and your newborn child's visa extended/issued from UK before wife leaves for India.

[wpilr_nov12]

Also, I think it would be a medical challenge to be 'pregnant' as of Feb, and deliver in Dec, 11 months later. Usually it is 9.

[shendean]

If the child is born in UK before the parents have ILR, the child has ENTITLEMENT to register as a British Citizen once parents have ILR.

If the child is born outside UK before the parents have ILR, the child's registration as British Citizen is at the DISCRETION of Home Secretary, and both parents need to be in at least Settled (ILR) Status.

If the child is born in UK, you can still get his/her Indian passport, get Dependent visa for him/her and carry on as normal. It would make better sense to get both your wife's and your newborn child's visa extended/issued from UK before wife leaves for India.

hi wpilr i would like to ask?

my husband and me planning to have a baby soon. im on my flr-m extension.. so whats the est visa i could apply for my upcoming baby? thanks!

[guri_78]

Me too thinking on this.........is there any typo from the OP otherwise its impossible to predict a delivery in Dec from feb!!

Also, I think it would be a medical challenge to be 'pregnant' as of Feb, and deliver in Dec, 11 months later. Usually it is 9.