Immigrationboards.com

samrat_g wrote:Hi All,

I will be eligible for ILR as a main applicant towards the end of this year and have the following queries:

a) My wife(Tier-1 dependant) joined me in the UK in August 2008 and left back to India in May 2010 due to her pregnancy. Between August 2008 and May 2010 she visited India once along with me for one month for vacation.

After her delivery(in India) she joined me back again on May 2011. My wife gave birth to a baby boy in October 2010.

I intend to apply for ILR in October 2011. By then she will be completing her two years in this country intermittently. Will this affect her application?

I have heard that it is up to the case worker to consider specific situation. Although there was no problem with her pregnancy but to get family support we decided to go back to India. I continued here in the UK with my work.

Could this be a problem for her to be eligible.

Ans: I shouldn't be a problem. I know one of very simialr case, where my friend's wife was away from UK for 13 months, it didn't really affect them. In any part of the application, they don't ask for dependent's dates out of UK. But, have your co-habitation proofs for the entire period (in your case from Aug 2008), it would help.

b) My son(10 months old) now Tier -1 dependant should be eligible for ILR during my application. Please can you confirm.

Ans: Yes, you son would be eligible for ILR along with you

c) The new rule says that the main applicant will have to get 75 points to be eligible for ILR. In another section (UKBA website) it says about new income criteria where by Tier 1 (General) migrants will need to meet the same income criteria that applied when they last extended their permission to stay in the UK. Although I can score 75 but not the same salary band as the previous application. Will it affect my application.

Ans: If you go through SET (O) application form, you would undertsand that basically you score the same point as your last leave to remain extension. All variables (including age and excluding salary) would remain the same. The only thing, that may change is salary. Now, this is the tricky part. As points base calculator, if you statisfy the criteria, should be fine. I've seen people mentioning, that CW have enquied about salary being less than last time. My personal opininion is, as long as you satisfy the criteria should not be a problem. But, you can do more research on that, if you wish.

I would be grateful if someone can give advice on the above questions.

Regards

Samrat Ganguly

samrat_g wrote:Hi All,

I will be eligible for ILR as a main applicant towards the end of this year and have the following queries:

a) My wife(Tier-1 dependant) joined me in the UK in August 2008 and left back to India in May 2010 due to her pregnancy. Between August 2008 and May 2010 she visited India once along with me for one month for vacation.

After her delivery(in India) she joined me back again on May 2011. My wife gave birth to a baby boy in October 2010.

I intend to apply for ILR in October 2011. By then she will be completing her two years in this country intermittently. Will this affect her application?

I have heard that it is up to the case worker to consider specific situation. Although there was no problem with her pregnancy but to get family support we decided to go back to India. I continued here in the UK with my work.

Could this be a problem for her to be eligible.

b) My son(10 months old) now Tier -1 dependant should be eligible for ILR during my application. Please can you confirm.

c) The new rule says that the main applicant will have to get 75 points to be eligible for ILR. In another section (UKBA website) it says about new income criteria where by Tier 1 (General) migrants will need to meet the same income criteria that applied when they last extended their permission to stay in the UK. Although I can score 75 but not the same salary band as the previous application. Will it affect my application.

I would be grateful if someone can give advice on the above questions.

Regards

Samrat Ganguly