Spouse ILR - after overseas deputation

[msuchi09]

Hi,

My hubby is a British national. My settlement Visa was stamped to be valid from the 18th of May 2007. I came to UK on the 3rd of June 2007 - so that's 2 weeks later than the start date of the visa.

During April 2008 my hubby was deputed by his company to work in India and I accompanied him in the same month. During this time he was paid salary in the UK and he paid tax and NI in the UK too. Hubby returned from deputation to the UK in November 2008 and I arrived in the UK in December 2008. Hubby's employer has also given us a letter stating the deputation and that I accompanied him and we also have his payslips for this period stating the salary, tax and NI paid in the UK.

Since my two year qualifying period is just around the corner I am planning to apply for ILR using form set(M)

My question is :
- Can I apply for indefinite leave to remain, though I accompanied my hubby to India for more than 6 months.
- In order to avoid any problems later what documentation should I attach with the application
- If I need to apply for the premium service how much in advance must I book the appointment
- Since I arrived 2 weeks late to the UK after the start date on the visa I am planning to apply 2 weeks before the expiry of my visa will that be fine.

Thanks a lot,
Suchi

[batleykhan]

I think you might have problem getting ILR because you arrived 2 weeks later than scheduled and that you spent 6 months out of the 2 yrs out of the UK.

To qualify for ILR you should spend most of the two years after being issued a visa, to reside in the UK. I think if you leave the country for 4-6 weeks within the two year period, it might not be a problem, but to spend 6 months, in my opinion is to much and the HO might refuse your application for ILR and might suggest that that you apply for FLR to make up the time that you spent out of the UK.

Furthermore have you done your ESOL/Knowledge of Life In UK, as you will require this for your ILR?.

[msuchi09]

Yes I have done my Life in the UK test

[msuchi09]

I would be curios to know what people whose wives deliver their kids in India do if they went back for their delivery in the 2 year period for the ILR do they apply for ILR or FLR.

[msuchi09]

Guys could someone let me know if you have come across anyone who was out of the country for about 6-8 months for work/family reasons during the 2 year period and still did manage to get an ILR.