Planning to apply for ILR - am I eligible?

[rengasakthi]

Hi,
My husband already has ILR, and now I am planning to apply for ILR for myself - I am in the UK since April -2011, I was out of UK for 8months until now in which 7months I was out for maternity reason and 1 month was on holiday so I am just wondering if I apply for ILR now my application will be approved, my current VISA is valid until August-2013 so would like to apply for ILR before August.

I heard if the absence is because of maternity the case worker will not consider that as absence so I would like to know if anyone was in similar situation and what was the outcome with your application?

Also, I would like to know if applying in PEO is best or I can apply via Settlement Checking Service?

[Mano82]

As per rules you are supposed to provide evidences that you were staying together with ur husband for 2 years. Not sure if the maternity absence will be considered in your favor.Worth checking with settlementopspolicy@homeoffice.gsi.gov.uk

[Kevin24]

Hi,
My husband already has ILR, and now I am planning to apply for ILR for myself - I am in the UK since April -2011, I was out of UK for 8months until now in which 7months I was out for maternity reason and 1 month was on holiday so I am just wondering if I apply for ILR now my application will be approved, my current VISA is valid until August-2013 so would like to apply for ILR before August.

I heard if the absence is because of maternity the case worker will not consider that as absence so I would like to know if anyone was in similar situation and what was the outcome with your application?

Also, I would like to know if applying in PEO is best or I can apply via Settlement Checking Service?

Adviseable to apply through Settlement Checking Service. Where they will advise you before you lodge your application and less chances of UKBA rejecting your application.First check with UKBA, regarding your Maternity issue.

[rengasakthi]

Well I spoke to UKBA today and they said whether or not the maternity holiday will be consider will entirely depends on the case worker.

Also one more query I have is how long it will take for me to get the PR if I apply through Settlement Checking Service, the reason why I am asking incase if I didnt get PR then I need time to apply Tier1(General) Dependant VISA before my current VISA expires which is Aug this year.

[Kevin24]

Well I spoke to UKBA today and they said whether or not the maternity holiday will be consider will entirely depends on the case worker.

Also one more query I have is how long it will take for me to get the PR if I apply through Settlement Checking Service, the reason why I am asking incase if I didnt get PR then I need time to apply Tier1(General) Dependant VISA before my current VISA expires which is Aug this year.

Applying through a Settlement Checking Service,there is less likelihood of your application being rejected. Because your application and supporting documents are thoroughly checked before sending them off to UKBA. Hope fully You should get your ILR with in 3 months, provided the documents and application are O.K. The Checking service Officers would advise regarding the time line,at the time of your interview.

[Amber]

Hi,
My husband already has ILR, and now I am planning to apply for ILR for myself - I am in the UK since April -2011, I was out of UK for 8months until now in which 7months I was out for maternity reason and 1 month was on holiday so I am just wondering if I apply for ILR now my application will be approved, my current VISA is valid until August-2013 so would like to apply for ILR before August.

I heard if the absence is because of maternity the case worker will not consider that as absence so I would like to know if anyone was in similar situation and what was the outcome with your application?

Also, I would like to know if applying in PEO is best or I can apply via Settlement Checking Service?

There is no requirement per se to be resident in the UK the whole 2 year period prior to a set(m) application. However, any absence should be accounted for. If you state that for cultural and family reasons you had to give Birth abroad that ought to be acceptable.

[rengasakthi]

@KEVIN:

I thought if I apply via Settlement Checking Service they will only ensure I have submitted all the documents, correct fees paid etc, I.e., they will not be able to decide my application so even if they send the applicaiton to UKBA its the caseworker who decides whethere or not to approve my applicaiton isn't? So if the caseworker decides to reject my application I would like to know if I will get my application fees back?