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I understand this is for Leave Enter or to Remain in UK and not for a Settlement(ILR) application law.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.
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.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
Dawie, from where did you get this "90 day" information? Isnt that the requirement for naturalisation and not the ILR?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