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Dependent Outside UK
Posted: Thu Apr 28, 2011 4:44 pm
by sameer_77
I am on Tier-1 visa and will be applying for ILR in June 2012. My wife has spend just 1 year and 8 months (without any break) in UK since I got my HSMP in 2007.
I have two questions:
1. Will there be any problem for my wife to travel to UK as now she has been outside for more than a one year.(VISA is still valid)
2. Is there a chance that she will not be eligible for applying ILR with me at the same time.
Thanks,
sam
Re: Dependent Outside UK
Posted: Thu Apr 28, 2011 5:46 pm
by geriatrix
sameer_77 wrote:1. Will there be any problem for my wife to travel to UK as now she has been outside for more than a one year.(VISA is still valid)
No, if she returns to UK before you are granted settlement.
sameer_77 wrote:2. Is there a chance that she will not be eligible for applying ILR with me at the same time.
Depends on how the caseworker interprets the following:
319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
If the caseworker interprets the residential requirement (at least 2 years) as relating to 2 years immediately preceding the application, then the caseworker may refuse.
Posted: Thu Apr 28, 2011 6:23 pm
by uker
please check following :
http://www.ukba.homeoffice.gov.uk/partn ... etoremain/
Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire two years of your permission to stay as a husband, wife, civil partner or unmarried/same-sex partner. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.
However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last three years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those three years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the three-year period. (We have discretion to allow absences above the normal limits in some circumstances.) There are different requirements if you want to be naturalised and you are not a husband, wife or civil partner, but there is still a limit on the amount of time you can spend outside the UK.
Posted: Thu Apr 28, 2011 6:40 pm
by geriatrix
The opening statement on the (linked) webpage:
This page explains how to apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or other person present and settled here.
So, assuming the that the text quoted above may be applicable to dependants of PBS migrants may be logical but (perhaps) technically incorrect.
Posted: Thu Apr 28, 2011 6:56 pm
by sameer_77
Thanks for replies. Provided information will be helpful
Posted: Thu May 05, 2011 4:22 pm
by maximux79
This info is quite helpful. It mentions that the person should have completed atleast 2 years. My wife had spent 2 years in UK and then was outside of UK for maternity for 11 months. So, i believe if we provide co-habitation documents for the first 2 years and the lastest 5 months before ILR (since 5 months she's in UK) should suffice for ILR...Pls correct me if my interpretation is wrong...
Thanks
uker wrote:please check following :
http://www.ukba.homeoffice.gov.uk/partn ... etoremain/
Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire two years of your permission to stay as a husband, wife, civil partner or unmarried/same-gender partner. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.
However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last three years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those three years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the three-year period. (We have discretion to allow absences above the normal limits in some circumstances.) There are different requirements if you want to be naturalised and you are not a husband, wife or civil partner, but there is still a limit on the amount of time you can spend outside the UK.
Posted: Thu May 05, 2011 5:11 pm
by Ambassador
Yes that is correct. I was in a similar situation and got my ILR stamped from PEO Croydon yesterday. Read my detail experience here
http://www.immigrationboards.com/viewtopic.php?p=487475#487475