Tier 2 to ILR (with Dependants)

[rishad]

Dear Sir:

I am currently a Tier 2 PBS migrant just completed my 5 years in Tier 2. My wife and daughter had been my dependant for the last two years only. My wife had a UK student visa (PBS Tier 4) prior to this and my daughter was her dependant. I am currently considering applying for ILR; unfortunately I am aware that my wife and daughter cannot yet apply for ILR, since they will need to be dependant for at least *few* years. My current Tier 2 visa and their dependant visas expire in Sept 2017.

My question is:

1. When I apply for an ILR, should my wife and daughter also apply as a dependant of a settled person?
2. My wife has been resident in the UK for more than 10 years; She had a 9-month, university-paid field work in her home country during this period (she had valid student visa throughout this period). Will she be able to apply for ILR via 10-year route?

Many thanks.

RS

[CR001]

1. They can both continue to extend their PBS dependent visa shortly before expiry of current visa until they reach the 5 years residence. Switching to FLR(M) will reset their clock to zero.

2. No, absence of more than 180 days breaks continuity of residence.

When did your dependents get and arrive on their PBS Dep visas?

[rishad]

Dear CR001

Q: When did your dependents get and arrive on their PBS Dep visas?

Both my wife and my child had their visa status changed to my dependent about 2 years back. Prior to that my wife was on her PBS Tier-4 visa and my child was her dependent.

Just a clarification on what you answered in 1:

Even when I have an ILR, can both my wife and child continue to extend their PBS dependent visas for further periods?

[CR001]

Even when I have an ILR, can both my wife and child continue to extend their PBS dependent visas for further periods?

Yes, provided you apply for ILR based on PBS and not long residence.

[rishad]

Dear CR001

The ILR application mentions children under 16 does not necessarily need to stay with me for 5 years prior to application. It says:

"Eligibility for children

Your child can apply if they:

were previously given permission to stay in the UK as your child
aren’t married or in a civil partnership
will live with you and be supported by you without using public funds
You and your child’s other parent must both be in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle."

Can I include my 11 year daughter with my application?

[vinny]

No, as child's ILR is subject to 319J.