Dependent ILR if break of 2 years after completion of 5 years

[vivek2sky]

I’m a British citizen and wife was on a dependent visa with eligibility to convert to Indefinite Leave to Remain in July 2018. She first entered UK in July 2013 and got the second extension in 2016. However in 2018, a few months before we could apply for her ILR we moved to a different country on work. We were unable to apply for her ILR due to lack of premium appointment dates. We have a toddler who is also a British citizen and a property in UK.
We are looking to return back to London now. Does wife need to apply for a dependent family visa from the start with entry permit/biometrics or can she apply for continuation of her dependent visa with a 2 year break. Kindly note the application has to be made from outside the U.K. ?
Given it takes 3 months for entry permit approval, is there a risk in applying for visitor visa and then applying for dependent visa from within the U.K.? We would need to leave the current country of residence in the next 45 days.

Thanks

[CR001]

Does wife need to apply for a dependent family visa from the start with entry permit/biometrics

She has to apply again and meet all the requirements again, English, financial and adequate accommodation.

or can she apply for continuation of her dependent visa with a 2 year break.

No. That time period is lost now. There is no such thing as "continuation of a visa that has expired". She has to start again from scratch with a new 5 year route (2 X 2.5 year visas) before she can apply for ILR.

Kindly note the application has to be made from outside the U.K. ?

Yes she has to apply form outside the UK.

Given it takes 3 months for entry permit approval, is there a risk in applying for visitor visa and then applying for dependent visa from within the U.K.?

She cannot apply to switch to any other visa while in the UK as a visitor. She just apply for her spouse visa from outside the UK.

We would need to leave the current country of residence in the next 45 days.

She either applies there or she reruns to her home country, if different to where you are now, and applies form there.

Which country are you currently in?

How do you or will you meet the £18,600pa financial requirment?

Edit, your previous posts suggest Indian nationality?

[vivek2sky]

Thanks for your detailed response.

So to add to the complications, I am currently in Dubai, UAE working with Emirates airlines. Wife (Indian passport) and son (British passport) travelled to India and have been stuck there since March. They are going to allow residents to return to UAE from India for 15 days between July 12-26. However thanks to Covid my stint with the airline ends soon. My visa-grace period here in Dubai would finish at the end of August 2020. So basically we do not have enough time to apply for wife's entry permit from Dubai.

The last P60 I have was for 2018-19 where I would have met the required criteria with one month pay off, I got in April 2018. I have no salaried income in UK post this. I do however have a rental income of GBP 20,000 for each of the last 2 years. Would this suffice? I own an apartment, which is what is currently let out. Both of us have active bank balances in UK which will sufficiently meet the amounts required. I have salary slips from Emirates in AED only for the recent few months.

Appreciate your guidance
Thanks

[seagul]

. I do however have a rental income of GBP 20,000 for each of the last 2 years. Would this suffice? I own an apartment, which is what is currently let out.

Yes provided the following is met:

6.2. Property rental – further guidance
6.2.1. Appendix FM-SE specifies further requirements for property rental income:
20(c) Any rental income from property, in the UK or overseas, must be from a
property that is:
(i) owned by the person;
(ii)not their main residence and will not be so if the application is granted, except in the
circumstances specified in paragraph 20(e); and
(iii) if ownership of the property is shared with a third party, only income received from
their share of the property can be counted.
(cc) The amount of rental income from property received before any management fee
was deducted may be counted.
(d) Equity in a property cannot be used to meet the financial requirement.
(e) Where the applicant and their partner are resident outside the UK at the date of
application, rental income from a property in the UK that will become their main
residence if the application is granted may only be counted under paragraph 13(c)(i)
and paragraph 13(d)(ii).
6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be
counted. Income from a property that is rented out for all or part of the year (e.g. a
holiday let) can be counted.
6.2.3. Where the applicant and their partner are resident in the UK at the date of application,
rental income from a property in the UK cannot be counted as income if that property will
become the couple’s main residence if the application is granted.
6.2.4. Where the couple are returning to the UK from overseas, rental income from a property
in the UK that will become the couple’s main residence if the application is granted can
be combined with the applicant’s partner’s overseas employment income to meet that
part of the financial requirement. However, it cannot be combined with the income from
the applicant’s partner’s job offer in the UK as the couple’s home in the UK will no longer
be a source of income once the couple have returned here.

[vivek2sky]

Thanks again.

6.2.4 states - if the application is granted can be combined with the applicant’s partner’s overseas employment income to meet that part of the financial requirement.

So should I provide proof of income in Dubai and rental income proof from UK? Either of them will satisfy the required £18,600pa. However I will be without a job from September as now.

Thanks

[seagul]

Thanks again.

6.2.4 states - if the application is granted can be combined with the applicant’s partner’s overseas employment income to meet that part of the financial requirement.

So should I provide proof of income in Dubai and rental income proof from UK? Either of them will satisfy the required £18,600pa. However I will be without a job from September as now.

Thanks

You need to have a job offer from UK employer going to commence within 3 months on arrival, otherwise your overseas income won't be counted. Also remember that the 6 months old cash savings in excess of £16000 are also counted to meet or cover the shortfall.

[vivek2sky]

Given the current situation and that I work as a senior executive in the airline industry, I am not very sure if will be lucky enough to get a job within 3 months. I do have a company registered in UK which is currently dormant however and one I plan to restart with a start-up.

So in the UK exclusively, I have
1. Rental income above £18,600
2. Cash savings above £16,000

Would the above two suffice without job offer from UK employer going to commence within 3 months on arrival?

Thanks

[seagul]

Given the current situation and that I work as a senior executive in the airline industry, I am not very sure if will be lucky enough to get a job within 3 months. I do have a company registered in UK which is currently dormant however and one I plan to restart with a start-up.

So in the UK exclusively, I have
1. Rental income above £18,600
2. Cash savings above £16,000

Would the above two suffice without job offer from UK employer going to commence within 3 months on arrival?

Thanks

Yes