Dependent Outside UK not more than 3/6 months?

[Gans]

I am currently on Tier1 (General) Visa and completed 5 years stay in UK. Hence I planning to apply for ILR Visa for me and ILR Dependent visa for my wife and son (6years) .
Recently, my Wife and Son went to india for my wife delivery, stayed 5months 10 days and came back to UK.

Here my concern is can my wife stay outside UK more than 3 months (or 6 months)? If yes, she went for health reasons (deliver), so it this acceptable by UKBA to apply for ILR dependent visa?

Please please advice.

[sab124]

the criteria is applicable only for the main applicant not for dependants though you need to provide cohabitation docs for past two years.

similar was the case with my application and my wife was out of UK continously for 9 months and there was no problem.You should be OK.

[Gans]

Many Thanks Sab.

Can I know when did you apply for your ILR?

I called UKBA.... one guy said dependents can't stay outside UK more than 3 month..... I called again and another guy said dependents can't stay more than 6 month.

Rules changed recently? Still confused

[sree_nair11]

Absolutely no Issues for you. If you see the form for ILR, there are no questions related to Dependent absence. Your dependent is getting the ILR just based on the fact that she was your dependent in Uk for last two years.

[kunalmehta]

Gans,

Is there any link guidance\policy link provided by either of the caseworker.. coz my condition is not very different from yours.

It appears that dependant absences can be ignored , if total dependant visa duration is 2+ year on the appointment day.

Though senior folks can comment best.

Thanks

[sab124]

Gans,

I applied in Jun'11 and my application was approved at the end of Aug'11. If you look at the SET(O) application form, it doesn't ask any absences of dependants and hence dont worry.