Terms & Conditons for dependents on WP

Sam123 · Post by **Sam123** » Mon Mar 19, 2007 1:29 am

Dear all

I am applying for ILR in June, my wife and child stayed overseas about 13 months in the last 5 years for different reasons at different times. Both are dependent on my WP.

But I was out of the UK only for 2 weeks twice in the last 5years.
After reading some messages, I am not sure whether my wife will be eligible for ILR or not in June 2007. If not what is the other route for them to stay with me.

Could you please share your expertise on this matter.

Thanks
Sam123

samkma · Post by **samkma** » Mon Mar 19, 2007 9:23 am

If you are planning to apply for indefinite leave to remain (or settlement) in the UK, you will need to be aware of the introduction of new rules for applications made on or after 2 April 2007. They will require applicants to show that they have a sufficient knowledge of language and life in the UK in order to qualify for settlement.

What is the longest period your wife and child has been abroad?This link may also be of help?
http://www.ind.homeoffice.gov.uk/lawand ... ules/part8

Sam123 · Post by **Sam123** » Mon Mar 19, 2007 1:08 pm

Thanks for the reply, my wife and child were away for 9months once and then 2 months and then 1 month.

Docterror · Post by **Docterror** » Mon Mar 19, 2007 1:21 pm

Sam123, a clear picture of what you are looking for can be seen in

http://www.ind.homeoffice.gov.uk/lawand ... ules/part5

the paragraph you are specifically looking for is paragraph 195 for your wife and paragraph 198 for your child. As you can see there is no specified time limit for your dependants to have stayed with you as dependants while applying for their ILR. So the time that they remained outside the UK should not have any bearing on their ILR application. Also how old is your child? Be aware that children above 18 warrant a separate application.

samkma · Post by **samkma** » Mon Mar 19, 2007 3:55 pm

Docterror wrote:Sam123, a clear picture of what you are looking for can be seen in

http://www.ind.homeoffice.gov.uk/lawand ... ules/part5

the paragraph you are specifically looking for is paragraph 195 for your wife and paragraph 198 for your child. As you can see there is no specified time limit for your dependants to have stayed with you as dependants while applying for their ILR. So the time that they remained outside the UK should not have any bearing on their ILR application. Also how old is your child? Be aware that children above 18 warrant a separate application.

I understand this is for Leave Enter or to Remain in UK and not for a Settlement(ILR) application law.

Docterror · Post by **Docterror** » Mon Mar 19, 2007 4:19 pm

I thought that the last sentence of the paragraphs were more appropriate and clearer for the OP to understand for this case. It does mention ILR somewhere over there doesnt it?

Sorry, but I got a bit lost in the part 8 of the IDIs and could not find the paragraph about ILR for the spouse and child of someone with Limited Leave to Remain applying for settlement. Perhaps you can help.

Sam123 · Post by **Sam123** » Wed Mar 21, 2007 9:31 am

Can I say thank you to all for the advise. This board is doing a GREAT JOB. Well Done!!!!

Dawie · Post by **Dawie** » Wed Mar 21, 2007 9:42 am

Sam123 wrote:Dear all

I am applying for ILR in June, my wife and child stayed overseas about 13 months in the last 5 years for different reasons at different times. Both are dependent on my WP.

But I was out of the UK only for 2 weeks twice in the last 5years.
After reading some messages, I am not sure whether my wife will be eligible for ILR or not in June 2007. If not what is the other route for them to stay with me.

Could you please share your expertise on this matter.

Thanks
Sam123

Sam123, the recent posts on this board about people being declined for ILR because they have been outside the UK for too long only applies to spouses of British citizens who are applying for ILR after 2 years on a spouse visa. The discussions seem to suggest that spouses of British citizens may spend no more than 28 days outside of the UK in the 2 year period of their spouse visas.

They do not apply to dependents of work permit or HSMP visa holders who are subject to the usual requirement of not spending more than 90 days per year outside of the UK in order to qualify for ILR.

Docterror · Post by **Docterror** » Wed Mar 21, 2007 2:32 pm

Dawie wrote:They do not apply to dependents of work permit or HSMP visa holders who are subject to the usual requirement of not spending more than 90 days per year outside of the UK in order to qualify for ILR

Dawie, from where did you get this "90 day" information? Isnt that the requirement for naturalisation and not the ILR?

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Terms & Conditons for dependents on WP

Terms & Conditons for dependents on WP

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