SET(O) Absence query

[venky55555]

Hi everyone,


I will briefly explain my situation and the questions I have. If you have any pointers, it will be of great help. Thanks for your time.

I am currently on British Passport. (Got citizen through tier 2 general route).

My wife came to the UK as a Tier 2 Dependent with a visa valid from 27-03-2017 till 27-03-2020.

In March 2018, we came to know that we were expecting our first child. Due to personal reasons, we wished to have our child in India and my wife returned to India on 22-03-2018.
So, my wife was in the UK from 28-03-2017 till 20-03-2018. She is currently in India.

She is in India from 22-03-2018 to 09-06-2019. She is been out of the UK for more than 180 days. Is this count towards her ILR.
My daughter also came on a PBS Dependent visa to the UK on 09-06-2019.

So, we extended my wife's visa and my baby's visa in March 2020 which is granted. Now both of their visas is expiring 20-03-2023.
My wife first came to the UK on 27-03-2017 so now she is eligible for ILR on 27-03-2022.

So, my questions are:
1. How many days before we can apply for ILR for my wife.
2. The absence of more than 180 days is going to count.
3. Are we okay apply for my daughter also for ILR? Or we just wait for my wife ILR to come then we can register her as a British citizen. Not sure which option I have to choose. Applying for ILR for my baby costs more money than registering as a British citizen.
4. Can you please if she is eligible. And if her absence not going to count towards ILR.
5. Is the form I have to fill is SET(O). can someone please send the Form Link?
6. Please let us know what are required documents I need to for my Wife’s ILR

[venky55555]

can someone please replay

[vinny]

Her continuous residence for ILR may have been broken, unless exempted under CR 2.3. Child should continue to apply in-line with her, up to, and including, ILR.

[venky55555]

Her continuous residence for ILR may have been broken, unless exempted under CR 2.3. Child should continue to apply in-line with her, up to, and including, ILR.

Sorry I am not able to understand what you are telling.

[Casa]

Her continuous residence for ILR may have been broken, unless exempted under CR 2.3. Child should continue to apply in-line with her, up to, and including, ILR.

Sorry I am not able to understand what you are telling.

Have you clicked on Vinny's links (in blue). ?

[ywlgy]

CR 3.2. Where a dependant partner was absent during a period of permission granted before 11 January 2018, that period of absence will not be counted towards the 180-day limit when calculating the dependant applicant’s continuous residence period if the person on whom they were dependant (the main applicant) was on one of the following routes:
(a) Tier 1; or
(b) Tier 2; or
(c) Tier 5 (Temporary Worker); or
(d) Global Talent; or
(e) Start Up; or
(f) Innovator.

So, all your wife's absences before March 2020 can be disregarded

[venky55555]

CR 3.2. Where a dependant partner was absent during a period of permission granted before 11 January 2018, that period of absence will not be counted towards the 180-day limit when calculating the dependant applicant’s continuous residence period if the person on whom they were dependant (the main applicant) was on one of the following routes:
(a) Tier 1; or
(b) Tier 2; or
(c) Tier 5 (Temporary Worker); or
(d) Global Talent; or
(e) Start Up; or
(f) Innovator.

So, all your wife's absences before March 2020 can be disregarded

Thanks to your replay. But what Vinny reply telling me that my have been broken the continuous residency.
So she can apply for ILR 28 days before May 27 2022 right ?

[venky55555]

Her continuous residence for ILR may have been broken, unless exempted under CR 2.3. Child should continue to apply in-line with her, up to, and including, ILR.

Sorry I am not able to understand what you are telling.

Have you clicked on Vinny's links (in blue). ?

Wt links? The first statement which given by him after seeing that I was sad. Ina's thinking now my wife not able to apply for ILR. Not sure whom will I trustst now. I haven't clicked any links.

[CR001]

Her continuous residence for ILR may have been broken, unless exempted under CR 2.3. Child should continue to apply in-line with her, up to, and including, ILR.

Sorry I am not able to understand what you are telling.

Have you clicked on Vinny's links (in blue). ?

Wt links? The first statement which given by him after seeing that I was sad. Ina's thinking now my wife not able to apply for ILR. Not sure whom will I trustst now. I haven't clicked any links.

The blue underlined text are the links to the rules. Just click them to read each one Vinny has provided

[venky55555]

Her continuous residence for ILR may have been broken, unless exempted under CR 2.3. Child should continue to apply in-line with her, up to, and including, ILR.

Sorry I am not able to understand what you are telling.

Have you clicked on Vinny's links (in blue). ?

Wt links? The first statement which given by him after seeing that I was sad. Ina's thinking now my wife not able to apply for ILR. Not sure whom will I trustst now. I haven't clicked any links.

The blue underlined text are the links to the rules. Just click them to read each one Vinny has provided

Before I do that. Just please clarify me one last time is my wifeeligible for ILR or not ?

[CR001]

Please make an effort to read what has been posted and provided.

[venky55555]

Hi everyone,


I will briefly explain my situation and the questions I have. If you have any pointers, it will be of great help. Thanks for your time.

I am currently on British Passport. (Got citizen through tier 2 general route).

My wife came to the UK as a Tier 2 Dependent with a visa valid from 27-03-2017 till 27-03-2020.

In March 2018, we came to know that we were expecting our first child. Due to personal reasons, we wished to have our child in India and my wife returned to India on 22-03-2018.
So, my wife was in the UK from 28-03-2017 till 20-03-2018.
She is in India from 22-03-2018 to 09-06-2019. She is been out of the UK for more than 180 days. Is this count towards her ILR.
My daughter also came on a PBS Dependent visa to the UK on 09-06-2019.

So, we extended my wife's visa and my baby's visa in March 2020 which is granted. Now both of their visas is expiring 20-03-2023.
My wife first came to the UK on 27-03-2017 so now she is eligible for ILR on 27-03-2022.

So, my questions are:
1. How many days before we can apply for ILR for my wife.
2. The absence of more than 180 days is going to count.
3. Are we okay apply for my daughter also for ILR? Or we just wait for my wife ILR to come then we can register her as a British citizen. Not sure which option I have to choose. Applying for ILR for my baby costs more money than registering as a British citizen.
4. Can you please if she is eligible. And if her absence not going to count towards ILR.
5. Is the form I have to fill is SET(O). can someone please send the Form Link?
6. Please let us know what are required documents I need to for my Wife’s ILR

[Casa]

Please make an effort to read what has been posted and provided.

[venky55555]

Hello Everyone,

I am filling the ILR SET(O) Application for MY PBS DEPENDENT VISA.

Her Visa was First Issued on 27-03-2017.
She had absent from 20th March to 9th 2019.

Her extension visa issued on 20th March 2020.



When did you first enter the UK?
?28 May 2017

Do you have a visa, leave to enter or remain or other permission to be in the UK?
Yes

What is the end date of your most recent visa, leave to enter or remain, or other permission to be in the UK?
25 March 2023

Have you spent any of your two, three, or five-year continuous period (as appropriate) with leave to enter or remain in the Crown Dependencies?
No



Can some one clarify the below questions

Leave granted on or after 11 January 2018(First visa issued 20th March 2017)

Does the period of stay on which this application was based include any leave granted since 11 January 2018?
(Required)
I am not sure what will I enter here(No or Yes)She had an absence from 20th March 2018 to 9th June 2019

Have you had any absences from the UK during any leave granted since 11 January 2018?
(Required)
This includes all absences however short. Do not include travel to Crown Dependencies.
I am not sure what will i enter here(No or Yes)She had absence from 20th March 2018 to 9th June 2019


Any Help is much appreciated

[zimba]

The answer will be NO for both questions unless she had some absences since 20th March 2020. Note that PBS dependants do NOT have any absence limits unless their visa was issued after 11 Jan 2018

[venky55555]

Finally Great News.
My wife's ILR visa Has been Successful

Here is the mail form HOME office

Your application for indefinite leave to remain in the UK has been successful.
What happens next
You will receive your Biometric Residence Permit (BRP) by courier within 7 working days. It is your BRP, not this letter, that is the official document that grants you status.