Tier 2 dependent visa query

[KSrocks]

I have dependent visa extension till start of 2023, which was done in start of 2020. so till 2020 I completed 3 years in UK and will be eligible for ILR in 2022 as per requirements by UK immigation. but i flew to home country to visit my relatives 5 months back and now stuck here. so my question is, do my visa will be invalid if I overstays outside UK for continuous 6 months period in a year with this pandemic situation? Also will i be ineligible for ILR in year 2022? Please guide me asap.

[CR001]

so my question is, do my visa will be invalid if I overstays outside UK for continuous 6 months period in a year with this pandemic situation?

Your visa remains valid.

Also will i be ineligible for ILR in year 2022?

If you have an absence of more than 180 days, then you will not be eligible for ILR. There has been no relaxation of this absence limit rule for ILR.

[KSrocks]

Thank you for your prompt reply.

[ryno]

Hey KSrocks,
I do not agree with CR001 on this.

See page 13 on this document on calculating continuous leave: https://assets.publishing.service.gov.u ... gov-uk.pdf

Quoting from the document:

On 11 January 2018 the Immigration Rules were amended to discount any absences
from the UK from counting towards the 180 day limit, where the absence was due to
the applicant assisting with a national or international economic or humanitarian
crisis, such as the Ebola crisis which began in West Africa in 2014.
This covers all Tier 1, Tier 2 and Appendix W applicants. ILR applicants should
provide evidence from their sponsor (if applicable), employer or similar organisation
to confirm that the absence was related to a crisis.

I am sure that if Ebola counted as an international economic / humanitarian crisis, the same will hold for COVID-19.

[CR001]

Hey KSrocks,
I do not agree with CR001 on this.

See page 13 on this document on calculating continuous leave: https://assets.publishing.service.gov.u ... gov-uk.pdf

Quoting from the document:

On 11 January 2018 the Immigration Rules were amended to discount any absences
from the UK from counting towards the 180 day limit, where the absence was due to
the applicant assisting with a national or international economic or humanitarian
crisis, such as the Ebola crisis which began in West Africa in 2014.
This covers all Tier 1, Tier 2 and Appendix W applicants. ILR applicants should
provide evidence from their sponsor (if applicable), employer or similar organisation
to confirm that the absence was related to a crisis.

I am sure that if Ebola counted as an international economic / humanitarian crisis, the same will hold for COVID-19.

The piece you quote clearly states 'if the applicant was ASSISTING with......' through the employer or similar organisations, which is not the same as being in home country absence to visit relatives!! A tier 2 dependent also is not a employer sponsored migrant.

[Cindy666]

Hi,
I hold Tier 2 working visa and my son holds Tier 2 dependant visa.
I am now eligible to apply ILR. Can please I ask if my son can still apply ILR dependant visa? If so, how long is the ILR dependant visa?

Thanks
Cindy

[CR001]

Hi,
I hold Tier 2 working visa and my son holds Tier 2 dependant visa.
I am now eligible to apply ILR. Can please I ask if my son can still apply ILR dependant visa? If so, how long is the ILR dependant visa?

Thanks
Cindy

1. Please do not tag your questions onto other members topics!!! Start your own topic please!!

2. You were already advised last year that he can apply for a tier 2 dependent visa extension. The advice doesn't change.

https://www.immigrationboards.com/indef ... l#p1852802