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Spouse continueslly period broken?
Posted: Wed Feb 07, 2018 9:43 pm
by gemail
Hello dear members
I got ILR on the basis of 10 years long residencey I was on Tier1 entrepreneur my spouse came in uk may 2012 but went backhome on may 2013 with valid leave to remain on psw depend visa which was expired on sep 213 and re enter in uk Aug 2014 reason was some health issues because of birth of our child.
My question is that my spouse can apply for ILR on. The basis of 5 years depend of point base system we have all proof of why she was away for 15 months out of country plz reply thanks
Re: Spouse continueslly period broken?
Posted: Wed Feb 07, 2018 10:09 pm
by makky86
gemail wrote: ↑Wed Feb 07, 2018 9:43 pm
Hello dear members
I got ILR on the basis of 10 years long residencey I was on Tier1 entrepreneur my spouse came in uk may 2012 but went backhome on may 2013 with valid leave to remain on psw depend visa which was expired on sep 213 and re enter in uk Aug 2014 reason was some health issues because of birth of our child.
My question is that my spouse can apply for ILR on. The basis of 5 years depend of point base system we have all proof of why she was away for 15 months out of country plz reply thanks
Since you applied ILR on Long residency she can no longer apply ILR on pbs route. She'll have to switch to FLR and complete another 5 years.
Re: Spouse continueslly period broken?
Posted: Wed Feb 07, 2018 10:26 pm
by gemail
Thanks for quick reply Flr Fp application is already in process and if approved she need to complete 10 years? Or can apply after 5 years as I mentioned she was 15 months away from uk?
Re: Spouse continueslly period broken?
Posted: Wed Feb 07, 2018 11:00 pm
by zimba
First of all the appropriate application is FLR(M)
She needs either 5 years on FLR(M) or 10 years in total under SET(LR) (assuming she has no gaps of more than 180 days)
Re: Spouse continueslly period broken?
Posted: Wed Feb 07, 2018 11:31 pm
by secret.simon
zimba88 wrote: ↑Wed Feb 07, 2018 11:00 pm
10 years in total under SET(LR) (assuming she has no gaps of more than 180 days)
gemail wrote: ↑Wed Feb 07, 2018 9:43 pm
went backhome on may 2013 with valid leave to remain on psw depend visa which was expired on sep 213 and re enter in uk Aug 2014
The OP's wife seems to have a break of about 450 days, so likely the continuous residence for the purpose of long residence is reset to start from August 2014 (her return).
The quickest way forward would be to apply for her on form FLR(M), assuming you meet the earnings and other requirements and for her to apply for ILR after five years on FLR(M).