Dependent of ILR on Tier 2 PBS system

[mohit1986]

Hi

I am currently on ILR and got their through Tier 2 visa process. My wife has been in UK for the last 3.5 years and her visa is dependent on mine through PBS dependency. Now there is an chance that I might have to relocate as I move jobs. My wife currently works here as well and won't be moving at the same time. Now given that I wont be here and she is dependent on ILR, what is the best course of action for her.

Any pointers here please help.

Thanks and Regards
Mohit

[CR001]

Her visa status is dependent on you being in the UK.

[mohit1986]

Even though she is dependent on an ILR individual and not on Tier2 visa individual ?

[CR001]

Yes. The key word is that she is a 'dependent visa holder' and not a visa holder in her own right, i.e. her own Tier 2 General.

[mohit1986]

Thanks, but at what point do I lose my ILR status, as in I can still be coming back after 6 months and exercise my ILR status ?

[CR001]

ILR is lost after absence of 2 of more years. Short visits do not necessarily maintain the ILR status.

You have posted also that you are applying for Citizenship. Might be best to wait till you have that and your wife has ILR before moving abroad for work.

[mohit1986]

sure, thanks a lot.

In case I apply for citizenship and get it as well, my wife will still not be able to get ILR as she wouldn't have been here for 5 years and will be dependent on me. When I move abroad then, will my wife will still be able to continue here without any issues as she will be dependent on a british citizenship ?

Thanks and Regards
Mohit

[CR001]

She is still a dependent on you for immigration purposes, this does not change if you become British.

Also please note that it is not necessary to type out your whole name and surname when you post. First name is sufficient to avoid the scammers and spammers picking up your details as they trawl through the forum regularly.