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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, Can you please clarify my following immigration

Resolved Question:

Hi there,

Can you please clarify my following immigration queries?

I came to UK from India on 08/06/2008 as an ICT (Tier-2) staff and went back on 13/01/2009. I again came back to UK on 12/04/2009 with a new ICT (Tier02) visa and continuitng in the UK since then. I would like to know if I will become eligible for an ILR on 08/06/2013.

Also, my wife is in the UK as an ICT (Tier-2) staff from 20/05/2012. Can she become an ILR dependent if I get ILR on 08/06/2013? If so, what are the procedures for that.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Bi

What were your other absences during this time?

Tom
Customer: replied 1 year ago.

Hi,


 


I was away from the UK during the following periods.


 


 



  1. 08/05/2010 to 23/05/2010

  2. 13/11/2010 to 05/12/2010

  3. 25/02/2012 to 12/03/2012

  4. 27/09/2012 to 01/10/2012


 


 


Thanks


Denny

Expert:  Thomas replied 1 year ago.
Hi

I will have to answer tomorrow now..

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

In my experience I have found that applicants applying for ILR on the basis of a 5 year residence period experience difficulties if they have spent more than 180 days outside of the uk during the whole of the 5 year period OR more than 90 days outside of the UK in any one trip.

Working from the periods that you have given me it does not appear to be a problem in terms of the amount of days in total that you have spent outside the UK since this falls a fair bit short of the 180 days limit.

The period of time between 13/1/2009 to 12/04/2012 is (I believe) 89 days, so it seems that you should just about be okay. However, because it is so close and the limits are informal I would certainly suggest instructing a solicitor to prepare your application for you. If you spent this time out of the country because of a work reasons alone then you will have to argue that at least some of it is disregarded.

If this is accepted then you should be fine, provided that you have remained in compliance with the conditions of your ICT visa.

Once you have ILR your wife would able to switch to (effectively) a spouse visa by subtmitng form FLR(M) providing that she otherwise meets the requirements:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/



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Kind regards,


Tom
Customer: replied 1 year ago.

Hi, thanks for your response, however I have the following questions.


 


As my wife is in independent ICT visa, should she go back to India for applying a ILR dependent visa or can she do it from the UK?


 


Also, should she apply it after I got my ILR or can she apply along with my ILR processing?

Expert:  Thomas replied 1 year ago.
Hi,

She wouldn't be applying as a dependent, she would be applying as a spouse of a person holding ILR in the UK. It's different and provided that her current leave to remain was granted for longer than 6 months she can apply.

Confirmation here:--
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

Please rate my answer. I will continue to assist.

Kind regards.

Tom
Expert:  Thomas replied 1 year ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Customer: replied 1 year ago.

Hi there..thanks for your response, however I have some further questions and will rate your answer shortly.


 


 


Remember I have mentioned that my wife is also an ICT (Tier-2) staff and she is currently in the UK. With this information, can you please answer to my following questions that I have asked in my previous response?


 


Should she go back to India for applying as a spouse or can she do it from the UK?


 


 


Also, should she apply it after I got my ILR or can she apply along with my ILR processing?


 


 

Expert:  Thomas replied 1 year ago.
Hi,

I'm out today, I'll have to answer tomorrow.

Tom
Expert:  Thomas replied 1 year ago.
Hi,

Sorry I must have forgetten to reply to your most recent post.

You will see from the following link that your wife can apply without leaving the UK if she is on an ICT visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

If she is applying as a spouse of a settled person then she must wait until you have your ILR, this is a pre-requisite.

Please rate my answer now, I have more than answered your original question.

Kind regards.

Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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