ILR for wife and kid

ruchit24 · Post by **ruchit24** » Tue Jul 30, 2013 1:04 pm

Hi,

I came to UK in Oct 2008 on tier2 (ICT) along with my wife. I am eligible to apply for ILR by mid sept 2013. My wife went to India in Apr 2011 for delivery and came back to UK in Jan 2012. Please let me know if she is eligible to apply for ILR in Sept 2013 as her continuous period of stay will be less than 2 years.

Also my daughter was born in India and came to UK with my wife in Jan 2012, can she apply for ILR with me in case my wife is not eligible.

Post by **Amber** » Tue Jul 30, 2013 1:43 pm

Your wife has been on a PBS dep visa for the last 2 years has she not i.e. was she on a PBS dep visa whilst in India? I assume you are applying to settle as a PBS applicant?

She can have limited absences for good reason, maternity would appear to be one. You would need cohabitation proof since her last extension up to a max of 2 years.

ruchit24 · Post by **ruchit24** » Tue Jul 30, 2013 1:48 pm

Thanks for your prompt response.

My wife is on the same visa since 2008 which I have extended twice and her visa was valid when she was in India. I am applying to settle as PBS applicant.

I did not understand "You would need cohabitation proof since her last extension up to a max of 2 years."

Post by **Amber** » Tue Jul 30, 2013 2:05 pm

ruchit24 wrote:Thanks for your prompt response.

My wife is on the same visa since 2008 which I have extended twice and her visa was valid when she was in India. I am applying to settle as PBS applicant.

I did not understand "You would need cohabitation proof since her last extension up to a max of 2 years."

When was her last pbs dep extension?

ruchit24 · Post by **ruchit24** » Tue Jul 30, 2013 2:13 pm

Hi,

I extended visa for myself, wife and daughter in Jan 2013 which is valid till Jan 2015.

Post by **Amber** » Tue Jul 30, 2013 3:03 pm

Then from Jan 2013 you need cohabitation proof. I would put a letter (either one jointly addressed or one each) for Jan 13, April 13, July 13 and Oct 13 try and put a few different sources, i.e. bank statements, council tax and utility bills.

ruchit24 · Post by **ruchit24** » Tue Jul 30, 2013 5:24 pm

thanks a lot, does that mean I can apply for my wife's ILR with me in Sept 2013?

Post by **Amber** » Tue Jul 30, 2013 5:27 pm

As she has completed 2 years as a PBS dep I don't see why not. The absence for maternity reasons should be allowed due to culture and family. When were you given entry clearance to come to the UK originally and on what date did you enter the UK?

ruchit24 · Post by **ruchit24** » Wed Jul 31, 2013 10:06 am

I have been given entry clearance to enter UK on 13th Oct 2008 and I ahve entered UK along with my wife on 18th Oct 2008.

Ishwarch · Post by **Ishwarch** » Wed Jul 31, 2013 11:41 am

Your wife is eligible and you can apply for ILR.
my wife had 2 absence of 300 and 325 days.

1st absence, I was working in India for 5 months and I didn't provide any proof, but mentioned in reason as " lived with Family in India as Husband was working in India"

2nd absence, I have provided birth certificate.

No questions asked, ILR approved for my dependents.

I hope you have cohab document for last 2 years for her.

Post by **vinny** » Wed Jul 31, 2013 12:04 pm

ruchit24 wrote:Hi,

I am currently on Tier2 ICT visa. My wife and daughter is on Tier2 (ICT) dependent visa.

I am going to apply for ILR in Sept 2013, but if I quit my current employer whether visa of my wife will be invalid. As my current employer sponsored my visa and they will cancel my visa if I quit the company.

Post by **vinny** » Wed Jul 31, 2013 12:06 pm

Don't quit the company until you are all granted ILR.

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