ILR_spouse_absence

[naveeen]

Hi I am due for my ILR application under Tier-1(general) in Nov2015. My wife and 2 year old daughter will apply with me as well on Set(O).

I have been on Tier-1(General) since Nov2010.
My wife was granted Tier-1 dependant visa in May2012 when she first entered UK and we applied for extension together in Nov 2012 which gave us 3 years extension until Nov 2015.

So its been over 3+ years for her on Tier-1 Dependant visa. As she entered UK before July 2012, she is eligible to apply for ILR through 2 years route settlement.

Although my wife had been on continuous Tier-1 Dependant visa from May 2012 until now, she was absent from UK for 17 months continuously in between for maternity and post maternity period from March 2013- Aug 2014 .Overall she will have spent 24+ months collectively(10+14 months) in UK with me by Nov 2015 at the time of our ILR application. My question is - Is her 17 months absence going to affect her grant for ILR?

Thanks
Naveen

[naveeen]

Any expert advice please, will appreciate your help.

Thanks
Naveen

[vinny]

Should be okay to include them in your SET(O) application. May require evidence of subsisting marriage during wife's absence from the UK.

[naveeen]

Thanks Vinny, that really helps.

[Swamiraj]

Any update Naveen? What was outcome of your case. Please reply. Thanks

[Swamiraj]

[quote="Swamiraj"]Any update Naveen? What was outcome of your case. Please reply. Thanks[/quote]