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apply for settlement (ILR) but some period absent uk

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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Microlam
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Joined: Wed Sep 11, 2013 3:00 pm

apply for settlement (ILR) but some period absent uk

Post by Microlam » Wed Oct 02, 2013 10:13 pm

hi there,
I'm british citizen and my wife has 2 yrs spouse visa. Her visa will expire 02/14. in this period she leave uk 9 months because she went back japan for born baby and now she is in uk. I know after 2 yrs spouse visa can apply for settlement (ILR).
For her situation. Is it satisfy the requirements to apply settlement (ILR)?

Looking forward anyone to give me the advise!

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vinny
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Post by vinny » Wed Oct 02, 2013 10:27 pm

See also Time spent outside the UK.
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We do not inherit the Earth from our ancestors, we borrow it from our children.
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Amber
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Post by Amber » Thu Oct 03, 2013 12:16 am

The absences must be limited and for good reason, there has been a number of cases here where 9 months for maternity, family and cultural reasons was acceptable.
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Microlam
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Posts: 30
Joined: Wed Sep 11, 2013 3:00 pm

Post by Microlam » Thu Oct 03, 2013 1:05 pm

Thanks for advise.
I hope my reason is ok because my wife went back Japan for born baby.
One more question ?
Is it must be have life uk test before Appy ILR?
If she fail the test and the spouse visa also expired in the same time, what should we do?
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vinny
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Post by vinny » Thu Oct 03, 2013 1:12 pm

KOL is required for ILR (also B1 from 28 Oct 2013).

If she fails, then apply for FLR(M) prior to expiry of leave.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Microlam
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Posts: 30
Joined: Wed Sep 11, 2013 3:00 pm

Post by Microlam » Thu Oct 03, 2013 1:37 pm

Thanks for help!!
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