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apply for settlement (ILR) but some period absent uk

Posted: Wed Oct 02, 2013 10:13 pm
by Microlam
hi there,
I'm british citizen and my wife has 2 yrs spouse visa. Her visa will expire 02/14. in this period she leave uk 9 months because she went back japan for born baby and now she is in uk. I know after 2 yrs spouse visa can apply for settlement (ILR).
For her situation. Is it satisfy the requirements to apply settlement (ILR)?

Looking forward anyone to give me the advise!

Micro

Posted: Wed Oct 02, 2013 10:27 pm
by vinny

Posted: Thu Oct 03, 2013 12:16 am
by Amber
The absences must be limited and for good reason, there has been a number of cases here where 9 months for maternity, family and cultural reasons was acceptable.

Posted: Thu Oct 03, 2013 1:05 pm
by Microlam
Thanks for advise.
I hope my reason is ok because my wife went back Japan for born baby.
One more question ?
Is it must be have life uk test before Appy ILR?
If she fail the test and the spouse visa also expired in the same time, what should we do?

Posted: Thu Oct 03, 2013 1:12 pm
by vinny
KOL is required for ILR (also B1 from 28 Oct 2013).

If she fails, then apply for FLR(M) prior to expiry of leave.

Posted: Thu Oct 03, 2013 1:37 pm
by Microlam
Thanks for help!!