ILR for my wife with lengthy absence

[CPradeep]

Hi experts,

I am a British citizen now and would like to apply ILR for my wife and kid (if possible citizenship for my kid) who are in FLR(M).I am listing few things in detail below for your careful consideration

• * Wife entered UK on Feb 2011 on tier 1 dependent visa.
  * I got my ILR on July 2011,so I changed my wife's visa to FLR(M).
  * she got her FLR(M) approved on 08-Aug-2011 and she left UK to India for her delivery on 09-Sept-2011
  * My wife and my child returned to UK only on 23-July-2012 after she left UK to India on 08-Aug-2011 .
  * I got naturalized on Nov,2012 and hold a British passport from Jan,2013.

my wife has 10 months of absence and it was due to ill health after delivery and we have medical reports for it .

1) Can I apply ILR for my wife and kid (if possible citizenship for my kid) now since she has completed 2 years if we consider the first time entry to UK?
2) Is she eligible only when the FLR(M) expires on 08-Aug-2013?
3) Can we make a successful ILR application for my wife even though she has 10 months absence?
4)I am a british citizen from Jan,2013 and my kid was in born in India on Dec,2011.Can I apply british passport now for my kid?

Thanks

[vinny]

1) Yes.
2) No.
3) Yes. But you may have to show that marriage was subsisting during her absence.
4) No.

[CPradeep]

Thanks vinny. your response appreciated.

Now my doubt regarding the 10 months absence has been clarified.Can you please tell me generally what documents would be needed..?

[CPradeep]

Hi Vinny,

I just had a look at the set m application and there is a section which asks for absence more than 6 months and how long we have been living together.

In my case my wife entered Feb 2011 and FLR M visa expires on 08-Aug-2013,which is almost 2.5 years and in that she has almost 10 months absence ....so we have living together only for 1.5 years.

If I mention in that form will they ask for a solid proof of absence or will they reject.

Please help me.

[vinny]

Time spent outside the UK may be okay. However, you should supply solid proof of subsisting marriage.

[chandra33]

Hello Pradeep,

My case is somewhat similar to yours in that I too have lengthy absence on Flr m visa. Did you apply for the ilr for your wife and was it a success? Please do share your experience. Thanks
Chandra