I am on ILR, my wife on Tier-2 PBS dep, can she stay in UK?

[jam_27]

I am an Indian national on ILR now. My employer has notified me that my project has come to an end and I need to find a new job. My wife (also Indian) is in Tier-2 PBS dependent visa valid until Dec 2105.

I have found myself a job in Germany (none in UK!). I should get my German resident permit next week and can start my new job in Germany in couple of weeks time. However, we were told by the German embassy (london) that my wife's German resident permit application processing can take up to 3 months. Apparently they want to authenticate our marriage certificate which will take time!

So the question is whether my wife can stay here for the next three months or so until she gets her German resident permit an then join me in Germany?

The confusion arises because her UK resident permit is based on my original Tier-2 PBS visa which I no longer have and moreover I will not be working in UK if she wants to stay back here for 3 months or so.

Please advise.

[CR001]

Are you planning to come back to the UK at some point to live? You do realise that you lose your ILR if you are away for 2 years.

Also, if your wife doesn't have ILR, if you do want to return she will have to apply for a spouse visa and there is a financial and English requirement for her which will need to be met and it will be a new 5 year route to ILR for her.

[jam_27]

Yes, I do plan to come back in 6 to 8 months as soon as I get a job in UK. But this does not answer my question. My question is whether my wife can stay in UK on T-2 PBS dependent visa which is valid until Dec 2015. I will try to come back before then.

Considering my wife has joined me in Germany in the next three/four months, a related question is can I come back for job interviews in UK in the next 6 to 8 months or does it render my ILR invalid (due to entry under visit category)?

Please advise.

[CR001]

You would use your ILR status to come into the UK not visit visa status.

When would your wife qualify for ILR? What is her visa start date and immigration history?

I am not sure about whether she can stay as her visa is dependent on you, even though you now have ILR.

[jam_27]

Thanks for your inputs. The document which came with my ILR biometric card states that I can come back to UK (within 2 years) on my ILR status only if I have intention to return to UK to settle permanently. Does coming into UK for job interviews invalidate this requirement and I looks my ILR status.

Coming back to you my original question, my wife is on a T-2 PBS dependent visa since Feb 2013. Her current biometric card is valid until Dec 2015. The question is whether she can stay in UK if I am not working in UK anymore. She will leave as soon as she gets her German residence permit.

Are there any Gov.uk pages which clarifies the related requirements? Please advise.

[Wanderer]

She can't remain if you move to Germany.