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ILR for wife of British Citizen who lived abroad for long

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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salimsabu
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Posts: 9
Joined: Mon Apr 19, 2010 2:09 pm

ILR for wife of British Citizen who lived abroad for long

Post by salimsabu » Mon Dec 05, 2011 10:18 am

I am a british citizen through naturalization (Tier1+ILR). I am planning to apply for ILR for my wife who completed 2 years in the UK but had a lengthy stay abroad for the delivery of our child. Her case is described below if you could please advise us on the questions at the end.

My wife lived with me in the UK as my Tier 1 dependent from 25 April 2009 until 8 December 2009 (Her visa was valid until19/06/2011)
She then stayed in India for the delivery of our child and by this time I had already got my ILR so she applied for dependent visa again (as I have changed my status) and she got it on 09/09/2010 valid until 09/12/12.
She came back to UK on 23 october 2010 and lives here. She has taken her KOL in UK test and passed it. My questions are
1. Is she eligible to apply for her ILR as it is 2years past she first entered UK?
2. we have joint bank statement from june 2009 but what document do i need to show for her stay in India? (we made phone calls using phone cards so we don't have any proves).
3.do you recommend a premium service appointment as I may be able to go with her to explain the situation?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Mon Dec 05, 2011 10:47 am

I believe she will need to wait until she has completed two years on her current visa (or to be precise, can apply 28 days before the 2 years), as in order to accumulate time as a tier 1 dependent with time as the spouse of a settled person to make up the two years, she would need to have obtained an extension of stay under para 281-286, which she didn't, she obtained entry clearance. See para 287, but if others have any differing views I would be interested to hear them.

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