Doubt - PBS dependent living outside UK for few months

[sathish.kannan]

Hi,

My name is Sathish, I am now in Tier 2 general visa. By this October I'll be eligible to apply for ILR. My son born in India 2 months back, and they are still in India. Is it possible to apply ILR for my son with my application ? My wife is already holding Tier 2 dependent visa which is valid until next year end. I thought if I can apply ILR directly for my son with my application, then bring them to UK after getting the visa.

Thank you

[secret.simon]

As child was born outside the UK, the child will have the same UK immigration status as that of the less-privileged parent (in this case, the mother) and will need to apply for ILR along with the mother when she is eligible.

The child can be registered for British citizenship when both the child and one parent have ILR and the other parent has British citizenship.

If the child were born in the UK, it would have been entitled to registration as a British citizen when either one parent got ILR.

[sathish.kannan]

Thanks for the reply, My wife is in Tier 2 dependency visa, so I can apply the same for my son for now, is that correct ?. I have a question in that case. My wife is under Tier 2 dependency visa since Feb 2016, and valid until Oct 2019.
* Can she continue in Tier 2 dependency even after I switch to ILR on this Oct - 2018.
* Next year to extend her visa, which visa I should apply for Tier 2 dependency or ILR dependency
* If I need to switch her to ILR dependency, won't that reset her time she spent here so far.
* after she spends 5 years here then I need to apply for ILR for both her and my son. Is that correct ?

Thank you.

[CR001]

* Can she continue in Tier 2 dependency even after I switch to ILR on this Oct - 2018.

Yes, provided you are applying for ILR based on Tier 2 and not ILR based on long residence.

* Next year to extend her visa, which visa I should apply for Tier 2 dependency or ILR dependency

Tier 2 Dependent.

* If I need to switch her to ILR dependency, won't that reset her time she spent here so far.

Yes it will reset her clock.

* after she spends 5 years here then I need to apply for ILR for both her and my son. Is that correct ?

Correct.

[sathish.kannan]

Great. Thanks for the prompt reply and for the clarification

[sathish.kannan]

Just one more question. Normally for me I am not allowed to stay outside UK for more than 6 months per year. But I have been told that there are no such restriction on PBS dependent, and now after Jan 2018 this restriction applies for dependent as well. My wife is out of UK since last August. Should I need bring her back to avoid the reset, or Is it only for whoever applying for extension or new dependent visa after Jan 2018.

[sathish.kannan]

Hi,

I am writing here to get to know how many days my wife can be outside UK without reset for ILR application. Normally for me I am not allowed to stay outside UK for more than 6 months per year. But I have been told that there are no such restriction on PBS dependent, and now after Jan 2018 this restriction applied for dependent as well. My wife is out of UK since last August as she was pregnant and we chose to go to India for delivery. Should I need to bring her back to avoid the time reset to apply for ILR, or Is it only applicable from next visa extension.


Thank you,

Kind regards,
Sathish

[cyclina1]

Hi,

I am writing here to get to know how many days my wife can be outside UK without reset for ILR application. Normally for me I am not allowed to stay outside UK for more than 6 months per year. But I have been told that there are no such restriction on PBS dependent, and now after Jan 2018 this restriction applied for dependent as well. My wife is out of UK since last August as she was pregnant and we chose to go to India for delivery. Should I need to bring her back to avoid the time reset to apply for ILR, or Is it only applicable from next visa extension.


Thank you,

Kind regards,
Sathish

there are always a restriction of 180 days.

[zimba]

The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.

See: uk-tier-1-general-visas/ilr-through-tie ... l#p1571196

[sathish.kannan]

Thank you so much for the response. So does that mean her absence from August 2017 to December 2017 doesn't get counted. If she returns back before June 2018 and didn't leave until next January, then still her time 'll not get reset, am I correct ?!

[shinhwa]

Thank you so much for the response. So does that mean her absence from August 2017 to December 2017 doesn't get counted. If she returns back before June 2018 and didn't leave until next January, then still her time 'll not get reset, am I correct ?!

if she comes back before June, and didn't leave until next June, she would meet the requirement to apply for ILR.

[CR001]

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