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ILR - Dependant Rules

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mpanalito
Newly Registered
Posts: 5
Joined: Fri Jan 04, 2013 2:45 pm

ILR - Dependant Rules

Post by mpanalito » Tue Nov 19, 2013 7:58 pm

Hi Everyone,

I have a rare question/enquiry.

I have recently adquired ILR and my company needs me to work abroad for a while. My spouse was granted a dependant visa and soon will qualify for 10 yrs ILR.

Is it a must that my spouse come with me? OR can my spouse stay working in the UK while I work overseas for a few months?

Is there any mentioning of this in the immigration rules? Logically, the dependant visa allows you to stay together and I am wondering if it is not a breach of the rules for the dependant to separate and stay in the UK, while the other half is leaving to work abroad?

In addition, I believe that the allowance to be away of UK is no more than 90 days within the last 12 months of ILR been granted, before applying for citizenship. Is this correct?

I will be very thankful for any advice or help.

Many Thanks
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mpanalito
Newly Registered
Posts: 5
Joined: Fri Jan 04, 2013 2:45 pm

Post by mpanalito » Wed Nov 20, 2013 9:21 am

Anyone around with some guidance?
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mpanalito
Newly Registered
Posts: 5
Joined: Fri Jan 04, 2013 2:45 pm

Post by mpanalito » Thu Nov 21, 2013 11:19 am

Hi All,

My apologies for been so persistent but I haven't seen any answers to my enquiry.

Can any moderator, guru or anyone who has experienced something similar be so kind to please give me some input in this matter? I will really appreciate it.

Many Thanks in advance
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rbk1597
Junior Member
Posts: 83
Joined: Mon Jan 24, 2011 10:44 am

Post by rbk1597 » Thu Nov 21, 2013 1:09 pm

be patient
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jaberdene
Member
Posts: 132
Joined: Sun Jun 27, 2010 12:29 pm

Re: ILR - Dependant Rules

Post by jaberdene » Sun Nov 24, 2013 8:22 pm

mpanalito wrote:Hi Everyone,

I have a rare question/enquiry.

I have recently adquired ILR and my company needs me to work abroad for a while. My spouse was granted a dependant visa and soon will qualify for 10 yrs ILR.

Is it a must that my spouse come with me? OR can my spouse stay working in the UK while I work overseas for a few months?

Is there any mentioning of this in the immigration rules? Logically, the dependant visa allows you to stay together and I am wondering if it is not a breach of the rules for the dependant to separate and stay in the UK, while the other half is leaving to work abroad?

In addition, I believe that the allowance to be away of UK is no more than 90 days within the last 12 months of ILR been granted, before applying for citizenship. Is this correct?

I will be very thankful for any advice or help.

Many Thanks
If she is going to apply for ILR based on 10 years long residence then it doesnt matter whether she lives with you or not. Only the 10 years rule apply to her. Its not relevant if she is dependent on you or not. Main thing is she must have stayed in uk for 10 years continiously and lawfully.
Even there is no question about you on SET(LR) form which she will fill in.
Hope it makes sense.
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