ILR: Wife is out country for 120 days - what HO said

[Eugene_UK]

Dear immigration professionals, please help:
My wife (I am on WP - ILR in January 2007, she is dependent) is currently in India on holiday and would like to get diploma of certified yoga teacher and need to stay there for up to 6 months.
I have called HO Immigration helpline and have been told that she should not stay out of country for more than 90 days as my conditions as main WP holder and hers as dependent are the same in what is concerning allowed absence from the country. I found it strange as have read in the forums here that it does not matter if dependent stays out of country for more than 90 days. I am little bit confused. My lawyer also said that it is not advisible that she stays out of country for longer than 90 days as it may create problems. May be I don`t understand something? I understand that HO can suspect that our marriage is fake (why wife is spending so much time apart from husband?) but there are some cases as ours. And what happens if she stays there for more than 90 days, will she get her ILR or just visa extent ion and when can she apply again for ILR? Would you advise that in this case I submit application for ILR only myself in order not to take the risks?
I am sure that it will help others too. Please help! Your advise is much appreciated and valued.

[tvt]

There are no disqualifying time limits on dependents' stays out of the UK for ILR purposes though there are for naturalisation. The SET(O) form does not even ask you to specify dependents' stay outside the UK.

[Eugene_UK]

Many thanks indeed.
I have spoken to another lawyer today and he confirmed that there are no requirements for spouse not to be abscent from the UK for more than 90 days. He said that if she stays longer it may impact her application for British Nationality. In case if she is not in the country at the time of application for ILR she will get 2 year extention for her current Spouse visa and later on will be able to apply for ILR herself.
I am just worried if HO will be asking questions why she was there and was not staying with her husband in the UK and we would need to explain it. But if send our application by post than there would be no problem I think.

Once again many thanks for clrifying the issue, I am just wondering now why HO said that requirement for spouse are the same to mine. They have probably misunderstood my question or ment something else, may ne naturalisation.

[basis]

if possible go for premium same day ILR service by appointment and get your wife for a couple of days to fly in. That way her passport will get ILR then and there. There is no normal way that HO will know that she has been staying away from you etc. They check only your stay in the UK and not any dependents. My friend's wife recently got ILR - she usually stay in the US due to employement. She just flew in for a week, they applied at Birmingham PEO and got the ILR for both of them. Good luck.

[Eugene_UK]

Guys, many thanks indeed, it`s very helpful.