ILR for dependent(more than 6 months out of UK)

[ravib1729]

Hi,

I will be applying for ILR by end of October 2013. Myself + 2 dependents

My wife got her entry clearance in August 2010 since then we are living in the UK till November 2012 (more than 2 years). She went to India for delivery in November 2012 and back on 1st October 2013. (almost 11 months outside of UK)

I am sure that myself and my kid will get ILR.

Is my wife eligible for ILR as she is more than 10 months out of UK. I have gone through UBKA, its says

you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);

or

319E. Requirements for indefinite leave to remain

If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

Experts please respond

Regards

[vinny]

If between November 2012 and October 2013 her leave hasn't expired, then I think that she should be okay. Else, it's complicated because "continuous leave" isn't properly defined in this context.

[ravib1729]

Hi Vinny,

Thanks for your prompt reply.
She got her first dependent Tier 1 (General) visa in July 2010. In September 2012 we went for an extension and got Visa till September 2014.

From November 2012 till October 2013 she is out of UK. Is she still eligible for ILR?

Do I need to provide any evidence to prove that the relationship is still genuine?

I can provide the following

1. Telephone calls list for one year
2. Money transfer to her indian bank account.
3. Regular Payment of her phone bill in india.
4. Visited to India twice to see my kid.

Are the above sufficient or please let me know more details regarding.

Regards
Ravi

[vinny]

Is she still eligible for ILR?

Yes.

Do I need to provide any evidence to prove that the relationship is still genuine?

Probably.