Spouse ILR visa - out of country

[krssubbu]

Hi all,

I have a query regarding out of country for my wife's dependant visa.

My wife arrived in the UK in Feb 2011 on Tier 1 dependant visa and left UK in July 2012 (so 1.5 years) for pregnancy. She visa ran out. By then I had applied for ILR and she came back to the UK on ILR dependant visa (spouse visa) on June 2012 (before 9th July 2012 rules) . So its 1.5 years now.

My question is

1. I know she can apply for ILR after 2 years but since she stayed as Tier 1 dependant for 1.5 years and now as ILR dependant for 1.5 years, can I use this total of 3 years to count towards ILR period ?

2. She came to UK in June 2012 so how early can I apply ? (related to previous question)

(P.S: Moderators I have another post but that was related to general spouse so please don't move this there as my questions wont be answered and wont benefit others also)

Thanks

[krssubbu]

any thoughts please?

[krssubbu]

guyz , moderators please help with your views

[Amber]

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

Did you apply for the spouse leave before the PBS dep leave expired?

[krssubbu]

Nope she went back home and applied from there as a fresh ILR / spouse dependant visa as here visa validity ran out. will this be a problem ?

[krssubbu]

Amber, any issues since she has applied after her visa ran out ?

[Amber]

THe issue is whether the leave must be concurrent without break in order to use 287(a)(I)(d)? My thought is yes it does and this you'll have to complete 2 years on spouse leave.

[krssubbu]

ok I understand that she needs to be 2 years though not continuous and its upto case worker to decide but I have 1 more query. she is eligible to apply in May 2014 since she arrived in the UK in June 2012 but since she has been out of country for 2 months, if I apply for her visa 2 months later, will this be ok (so that she has 2 years of stay in the UK?) - have I explained myself clear ?

[Amber]

Absences should be limited and for good reason.

[complicated_life]

This is similar to my case , although in your case 287 a i d of these rules apply while I'm tryign to apply for her at the same time as myself.
I had written to the settlement ops policy team. No reply for two months now.

[krssubbu]

Yes complicated_life, we both are on pretty much the same boat. I am confused as well with this extension. Have you managed to find any more details regarding this extension ? is your due in Feb 2014?

We have our child who is also due for ilr along with my wife. do I need to show 6 proof for her also ?

Thanks

[krssubbu]

THe issue is whether the leave must be concurrent without break in order to use 287(a)(I)(d)? My thought is yes it does and this you'll have to complete 2 years on spouse leave.

Also Amber, just saw another post http://www.immigrationboards.com/v ... hp?t=83845 where Vinny has mentioned "Note that 319E(d) does not specify the "last two years", but "at least two years". Nor is "continuous" a requirement.

Moreover,


319E wrote:
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.seems to indicate that there may be periods apart in-between."

So as per 319E cant the I club my wife's Tier 1 dependant and Spouse visa time in the uk (she has been roughly 1.5 years in each visa) to obtain her ILR ?

[krssubbu]

moderators, any thoughts on this please ? also regarding for child, do I need to show the 6 address proof, if not what is required ?

[Amber]

It may indicate that but it's not explicit. You had a break without valid leave did you not?

[krssubbu]

yes I had a break without a valid visa. oh god thought I will be able to get away this

[Amber]

Note that now it is stipulated:

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

Also, the relevant provision since you switched to spouse of ILR would be:

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

However, you had a break in the leave, but, I wouldn't worry, as June 2014 isn't far away anyway.

[krssubbu]

hi,

Thanks for confirming this, June isn't far but my wife has go out of country atleast for a couple of months and I am bit worried as the website does confirm the absence. She has already been out of country for a month. do you think personally 3 months would be a problem ?

Also do I need to show 6 address for my child too ?

[Amber]

Not for children no, where were the children born? 3 months should be ok, just keep proof of a subsisting relationship.

[krssubbu]

Child was born outside of UK and myself nor my wife was on ILR at that time

[Amber]

Children apply SET(M) with Mother.

[krssubbu]

Thanks Amber, last question - what is the difference between SET(M) and set (O) ? do I use set(o) for my wife ?

[Amber]

Those with spouse leave (not PBS dep) apply on SET(M) for settlement.