Qualifying period for ILR

[ceyes]

I am a work permit holder and my Visa is valid from 01-02-2007 to 01-02-2012 (5 years). However, I entered UK on 26-02-07 (25 days later). I am working for the same company and intend to work until I get ILR.
Can you please clarify the following?

1. Between which dates can I apply for Indefinite Leave to Remain, considering I cannot apply more than 28 days before completion of my qualifying period. (or is it required for me to extend my visa as I have entered 25 days late)

2. My company wants to send me to India on businness trips / short term secondments to Bangalore. Can you please clarify - how many days in total and also in a year am I allowed to be out of UK without affecting my qualifying period.?

3. My wife, daughter and son accompanied me as dependents. My daughter now aged 18 was here for 2 years. Now, I am sending her to India for College. Will this affect here status?

4. As per the new Rules I understand I have to apply for Probationary Citizenship instead of ILR. Will this affect the above.

[dimsav]

1. 5 years from the date of entry into the UK minus 28 days (the arrival day excluded), but no longer than the end of the current leave. In your case you may apply from 28/01/12 to 01/02/12.

2. You should not spend outside the UK more than 180 days in total for 5 years, and none of your single absences must be longer than 90 days. Annual leaves and business trips may be disregarded; note "may" not "will" -- meaning that this is up to a discretion of an immigration officer. Important is to show your continuous living & working in the UK. You will need to provide justification for all your business trips, e.g., with a proper letter from your employer. If work abroad is unavoidable, advice is to keep getting salary/payrolls, hence paying taxes, in the UK throughout the whole period.

3. Formally, there is no residential requirement for WP dependants (yet). So, in principle, your daughter may just return to the UK when you all together will be applying for ILR (or its successor). But, since she is no longer a minor, you will need to prove that she is still dependant to you, and not living an independent life. This might be more problematic, if she will be living separately abroad... (perhaps, someone here has similar experience?).

4. All the information about PC is gone from the UKBA website. Currently nobody can tell you for sure what will happen after July 2011. Just wait for a while until further announcements from HO to appear...

[ceyes]

Thanks for the clarification. I will be able to prove that my daughter is abroad for study purpose. She will be unmarried when we apply for ILR/PC. Would this help her case?

[John]

I will be able to prove that my daughter is abroad for study purpose. She will be unmarried when we apply for ILR/PC. Would this help her case?

I strongly suggest that your daughter returns to the UK to ensure that her ILR application is made at the same time as the rest of the family. Otherwise I fear she will have lost her chance to get ILR.

Has she already passed the Life in the UK Citizenship test? Or has she still got that "delight" to come?