ILR 90 day restriction

[srikp]

I am on an HSMP visa (intial period of 2 years) and have atleast 4 more years more before I can think of ILR.

I have read from this forum that the primary applicant or the dependent should not be away from UK for more than 90 days at a stretch. Else, it may impact our ILR application.

So my queries are:

1. Where can I find information on http://www.ukba.homeoffice.gov.uk that there's a 90 day restriction for primary applicant to be back in the UK when applying for ILR. (I have seen just one reference on SET (O) application form but does not say ILR will be denied if it's more than 3 months)

2. If there is such a restriction of 90 days, does it apply for dependent too?

(My dependent (spouse) already entered UK and stayed here for 7 months before she had to go back to home country owing to her father's illness. It is unlikely for her to return to UK in the next few months. )

3. What is the process and criteria for applying for ILR. Should the primary applicant apply using SET (O) and then dependent uses SET (M)? Or, is there any other form/procedure for both of us to apply together?

Thanks in advance,

[vinny]

1. ILR guidance - Annex F and Settlement.

2. Applications by dependants > Partners and

How your dependants can apply for settlement

Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Children of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided the child meets the requirements of the immigration rules.

.

3.

You may include your spouse, civil partner, unmarried or same sex partner and/or children under the age of 18 for no additional fee if they are applying as your dependants. But they must pay the prescribed fee if they apply separately.

[srikp]

Thanks for the quick reply.

The Form Set (O) contains this section only relevant to main applicant.

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S E C T I O N 6 - A B S E N C E S F R OM T H E U K

When did you (the main applicant) first enter the UK?

Since then have you had any absence(s) from the UK?

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There's no mention of absense of dependent from UK although the general rules state 2 years continous stay in the UK is required for dependents before applying for ILR.

So, am I correct in my understanding if I say that my dependant can be out of UK for more than 3 months now if she can manage to stay for most of her time in the UK during the last two years immediately before applying for ILR?

Thanks again.