Questions about my ILR

[pullikanti]

Hi,
I have few doubts about my ILR:
I got HSMP approval on 22 Nov 2006 and got HSMP visa stamping on Feb 12th 2007.
My husband took dependent visa at the same time.
Below are the dates that I first entered UK and the days that I have been outside UK.

First entered in UK: 22/04/2007
First trip to India :28/03/2008 to 14/04/2008 = 18 days
Second trip to India:18/04/2009 to 04/05/2009 = 17 days
Third trip to India: 10/10/2009 to 25/10/2009 =16 days
Fourth trip to India: 15/03/2010 to 03/06/2010 = 82 days
Fifth trip to India: 22/11/2010 to 27/11/2010 = 6 days
Total : 139 days

Our first kid was born in Nov 2007. We left him with our parents in India in Jan 2008 as we both were working full time.
Our second kid was born in Feb 2010 and we left him in India with our parents in March 2010. We did not get our kids here till now(We only went to India to see them at the above mentioned dates).

My questions are:
1) I am planning to apply for ILR in Feb 2012. Do I qualify for that?
2) Will it be a problem to get ILR as our kids are in India?
3) Will it be a problem to get ILR for our kids along with us?
4) What factors will they consider to give ILR?

Thanks in advance.

[geriatrix]

1) I am planning to apply for ILR in Feb 2012. Do I qualify for that?

Under current rules, you cannot apply for settlement any earlier than 28 days before the 5th anniversary of your entry in the UK. See also Documentary proofs for ILR.

2) Will it be a problem to get ILR as our kids are in India?

Your eligibility for settlement is not influenced by the absence (or presence) of your children (in the UK).

3) Will it be a problem to get ILR for our kids along with us?

No, but as already advised by vinny in this topic, it may be economical for you to register your kids as British citizen(s) (in home country) after you are granted settlement.

4) What factors will they consider to give ILR?

continuous residency in the UK, absences from the UK, economic activity, ability to maintain yourself (and dependents) in the UK, etc.



regards

[pullikanti]

Hi,

Under current rules, you cannot apply for settlement any earlier than 28 days before the 5th anniversary of your entry in the UK. See also Documentary proofs for ILR.

For extension of stay which form should I use?
Should I meet the points again for extension of just a few days?

[xyz123]

Hi,

Should I meet the points again for extension of just a few days?

yes, even if it is for 1 day you need to meet the rules if your leave expires before you qualify for ILR.

[geriatrix]

I got HSMP approval on 22 Nov 2006

Covered by HSMP JR, so use FLR Tier 1 (HSMP) form (and guidance) to apply for extension when the time comes.


regards

[pullikanti]

Covered by HSMP JR, so use FLR Tier 1 (HSMP) form (and guidance) to apply for extension when the time comes

FLR Tier 1 (HSMP) form does not contain any points calculation.
Does it means that I need not be worried about points for extension?
But they are asking about the salary that I get monthly. Is there any minimum salary limit that we should get, which, if not met, will get rejected for visa extension?

[pullikanti]

Hi,
Can anyone please answer my above question.

[geriatrix]

HSMP Forum judicial review (extension of stay) policy document

[pullikanti]

Can anyone answer this question please:

FLR Tier 1 (HSMP) form does not contain any points calculation.
Does it means that I need not be worried about points for extension?
But they are asking about the salary that I get monthly. Is there any minimum salary limit that we should get, which, if not met, will get rejected for visa extension?