Applying ILR as WP Dependant - 14months out of UK

[applefan123]

I got my ILR recently via 5 year route (Work Permit + Tier 2 ICT(WP extension)

Visa History of Wife:
Jun 2010 - Entry into UK as WP Dependant
Sep 2012 - Extension as Tier2 ICT valid till Sep 2015.

Absence from UK
Jan 2013 to Apr 2014 (14 Months) - Maternity

As per your below post in 2011, I understand that my wife can apply for ILR irrespective of length of her stay in UK.
Is this still applicable now?

http://www.immigrationboards.com/indefi ... 79378.html

Do I need to use Set(O) form or something else?
The new Set(O) form is specifically asking for absence from UK for more than 6 months (Section 7.11). This section seems to be worrying me now.
I had an overview on immigration rule 196D also and the rule does not specify anything regarding absence from UK.
Please need suggestions.

If anyone has applied recently in this category, please can you share your experience?

[Amber]

I think the absence is too long she'll have to wait until she's been in the UK longer I suspect.

(d) The applicant and the Relevant Points Based System Migrant must have been living
together in the UK in a marriage or civil partnership, or in a relationship similar to
marriage or civil partnership, for at least the period specified in (i) or (ii):

Although one could argue you had already lived for 2 years previously.

Have you got evidence of a subsisting relationship whilst in India?

[applefan123]

Hi Amber,
Before she left in Jan 2013 for 14 months maternity, she was with me for 2.5 years (30 months).
Will this prior stay of 2.5 years is not valid due to break?

[Amber]

You could argue that point. However, may be safer to wait/extend.

[applefan123]

>> Have you got evidence of a subsisting relationship whilst in India?

Ans: I am thinking of to submit Aadhar Card which we both applied during our stay in India last year (my wife card has my name as w/o included) and Hospital papers related to baby delivery has both parents name.
Also, after baby is born we had some ceremony, I can include some family photos of those to support as a proof.
Anything else you could suggest please?

[Amber]

Skype or akin chat logs?

[applefan123]

I will try to get Skype logs as we used to video & voice chat daily.

One more quick question:
My baby came into UK last month on Tier 2 Dependant visa, same as my wife.
I will be eligible for Naturalization in next 2 months.
If My wife ILR is success, can I apply for my baby citizenship with my naturalization application?

[Amber]

Yes assuming your child is settled (has ILR) and is under 13.

[applefan123]

NO. My child is not having ILR. She is on Tier 2 Dependant visa.
I am not planning to apply ILR for baby when I apply ILR for my wife.
Assuming my wife ILR Is success next month.
We both parents will be on ILR when I apply for naturalization and baby will be on Tier 2 Dependant.
Naturalization applicants will be myself and my baby only. My wife has to wait for another 3 years to be eligible for naturalization/citizenship.
Can my baby directly change from Tier2 Dependant to Citizenship?

[Amber]

Your child should have ILR.

[applefan123]

But, as per your following post (Children Q1) and Chapter 9 (9.17.9) of immigration rules:
http://www.immigrationboards.com/britis ... 95747.html
https://www.gov.uk/government/uploads/s ... apter9.pdf

If one parent is applying for naturalization then he/she can include child, provided other patent is settled.
Can you please cross check and confirm on this please?

[Amber]

Yes that is correct, however, if you want to be certain, the child should have ILR.

[Amber]

We should normally expect a minor to be free of conditions of stay
because the future of a child whose stay is restricted does not clearly
lie here (see 9.17.2). Registering a minor who is on conditions has
the effect of cancelling their conditions because, on becoming a
British citizen, the minor would cease to be subject to immigration
control.

[applefan123]

Hi Amber,
Before she left in Jan 2013 for 14 months maternity, she was with me for 2.5 years (30 months).
Will this prior stay of 2.5 years is not valid due to break?

Hi Experts/Gurus,

I heard from some of my friends that there is NO qualifying residency period (length of stay in UK) for Work Permit dependents.
Can Gurus please provide some suggestions/comments on this please?

Thanks

[applefan123]

Hi Experts/Gurus,

I heard from some of my friends that there is NO qualifying residency period (length of stay in UK) for Work Permit dependents.
Can Gurus please provide some suggestions/comments on this please?

Thanks

[applefan123]

Eagerly waiting to hear from Gurus, Can anyone please respond to my query?

[applefan123]

175 views and No response

Can anyone please answer my below query?

Hi Experts/Gurus,

I heard from some of my friends that there is NO qualifying residency period (length of stay in UK) for Work Permit dependents to apply for ILR.
Can Gurus please provide some suggestions/comments on this please?

[Amber]

Yes, that's correct under the old WP dep visas. But they are PBS deps now, are they not?

[applefan123]

Workpermit dependent visa is extended as PBS Dependent visa. Her first entry into UK as WP dependent.
I believe, extension is a Transitional arrangement as WP is now closed.
So, Do WP dependent rules will apply for her ILR?

[Amber]

PBS dep rules I believe will apply.

[applefan123]

Many Thanks Amber for your response. I really appreciate you.
But, to be precise, Can this be confirmed with any Gurus in the forum if this is the case?
I am really counting on this.

[applefan123]

My Wife got ILR today @PEO Croydon. Thank You all for you support and clarifications. Especially AMBER

[Amber]

Congratulations.