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Gurus,

Could you help me choose the right option please?

I have recently received my PR. My wife is currently on Tier 1 and due for PR in July 2013. But she is expecting in May and we would like the delivery to be in India.
She is likely to go to India around Feb 15th and come back to UK in Jan 2014 (after her maternity leave).

What are her options and which do you suggest is the best please?

1) Get FLR(M) and go to India - I suppose she will get PR after 5 years. (Apply for dependent for the baby from India.)

2) Apply for dependent for her and the baby from India in July - not sure when she will be eligible for PR in this case.

3) Come back to UK briefly in July and apply for PR on her current Tier 1. Until now, she has been out of UK for around 175 days (of which she was working in India for the UK company for about 40 days).
She will be away from Feb mid to July mid (almost 5 month but she will be working in Feb,Mar and Apr mostly).

i .e., In total, she has been out of India for around 315 days - of which she has worked and received salary for around 100 days and she has not worked for around 215 days.
What are the chances of PR being successful in this case?
(If it does get rejected I will then go for option 1 or 2).

What do you think? Are there any other options?

Thank you very much for your time and patience.

Regards,
s_a_n

I guess by PR you mean ILR?

Also as your wife is on tier 1 general it might help you if you read the new guidance published by UKBA on absences allowed.

The main applicant cannot be out of the country for more than 180 days even for work. The only condition allowed are serious / compelling or compassionate reasons.

Thank you uksettlement.

Yes, it is ILR.

I just talked to HMRC on phone and she mentioned that ILR may be rejected. I asked her if I could apply on compassionate grounds and she mentioned that she could understand but the case worker may not see it that way as many people choose to have babies here.

I also asked her about option 1) and 2) and she mentioned that it will take 5 more years to get her ILR.

I may go for option 1) then. Thank you for your time.