Family - PBS Extensions or ILR possible?

[balajidev]

Hi Moderators,

Greetings!!

I have got help from this forum in 2018 when I brought my son and family back to UK. Also, this forum was very helpful
when I applied for Citizenship in UK last year. I have shared my experience with the forum as well. Thanks for all of that.


Now, with another query please....


About me:

Got ILR in March 2015 (from Tier-2 ICT)
Got Citizenship in Jan 2019

Family:

Wife and Daughter (born in India) came to UK on Tier-2 ICT Staff Dependant in August 2013
Extended the same Tier-2 in March 2015 (extended upto 1 April 2018)
Wife and Daughter left UK for India in August 2016 for my wife's Second delivery.

Son born in India - After One and Half years gap, Applied Tier-2 ICT for Son from India (based on Mother's visa) and brought all of them to UK during mid of March 2018 and
extended ALL 3 of their Tier-2 PBS Dependant Visas - Extended upto 01 May 2021.


Can you please help me with the below questions?

1. In anyway, Can I register my Son for British Citizenship (given that I got ILR before his Birth - but he was born in India - Now I have Citizenship) ?

2. Is it True that I can register my children (both born outside UK) for Citizenship as I have attained the Citizenship last year - kids staying with me in UK for 3 years continously?

3. If the above is not possible, Should I apply for PBS Dependant Visas to be extended again (for 2 years unitl April 2023) as my Wife and Daughter's clocks have reset and
they started their 5 years from March 2018? - Should they actually complete 5 years (Wife and Daughter lived in UK for 3 years from Aug 2013 to Aug 2016 - and then again now from March 2018 until now)
Will this in anyway change as I have got British Citizenship in Jan 2019




Thanks for your time....


Kind Regards...

[CR001]

1. No.

2. No. This rule applies only to people who are British by descent ie who were abroad to British parents.

3. There is no absence limit for PBS dependent visas which were granted BEFORE 11th January 2018.

[balajidev]

Good Morning CR001,

Thank you very much for your quick reply

Thanks for clarifying about Points 1 and 2.

But, didn't quite understand the third point.


3. There is no absence limit for PBS dependent visas which were granted BEFORE 11th January 2018.


Do you mean to say we need to extend all 3 PBS Dependant Visas (will expire on 01 May 2021) - followed by ILR for all of them when they complete 5 years by April 2023 ?

Note: Wife and Daughter Visa started in July 2013 and been extending the same visa until now - Can this be extended again for another 2 years?

Sorry, but not sure no absence limit (before 11 Jan 2018) - For my Son, Visa applied and got in March 2018 (based on Mother's Visa)


Thanks again....

[balajidev]

Hi Moderators,

Can you please help in clarifying the above?

More Details:

Wife & Daughter - Tier-2 ICT Staff Dependant in August 2013
Extended in March 2015 (validity upto April 2018)
Extended again in April 2018 (now valid until April 2021)

Absence Details: Wife and Daughter out of UK from Aug 2016 > March 2018 (19 months)

If absence prior to 11th January 2018 are irrelevant, Is my Wife and Daughter eligible for ILR now (as they stayed from Aug 2013) ?

I was under impression that their clock have reset (starting again March 2018) when they were absent for 19 months.

If both of them are eligible, what best can be done for my son please?

Son born in India - Applied Tier-2 ICT for Son from India (based on Mother's visa) and Visa Extended - valid upto 01 May 2021.



Kind Regards...

[balajidev]

Hi Moderator,

Can you please help here?

I am just in a confusion if my wife and daughter will be eligible for ILR or I'll have to extend their PBS Dependant Visas again in April next year



Thanks for your time


Kind Regards...

[balajidev]

Good Morning Moderators

Appreciate if someone could help on this please...



Thanks

[vinny]

If wife extended in the UK, then I think ILR for wife and daughter is now possible, subject to 319E and 319J, respectively.

[balajidev]

Dear Moderator,

Thank you very much for your reply.

I read both 319E and 319J and got some clarification.

In 319E, (d)(d)(2), it is mentioned as....

(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days;

My Wife and Daughter are in the UK from July 2013 and were out of United Kingdom from Aug 2016 to March 2018 (19 months) continuously.

As per the above 319E, (d)(d)(2) ->

1. Can I take the absence from Aug 2016 -> Jan 2018 as not counted?

2. What should be done for my Son please?
- Born in India Dec 2016
- Entry Visa applied (based on Mother PBS Dependant) In March 2018
- Travelled to UK and Extended PBS Dependant with Mother in April 2018
- Now, expiring on 01 May 2021

Should I extend his PBS dependant Visa again for him alone (provided Wife and Daughter are applying ILR) in May 2021?


Thanks for your time on this.....


Kind Regards,

[CR001]

No absence is relevant if it was while they had a visa issued before 11 January 2018.

Son can apply for ilr when your spouse does.

[balajidev]

Good Morning

Thanks for your quick reply.

If no absence will be counted as my wife/daughter PBS dependant visa was issued in March 2015 and extended in March 2018 only - Thanks for that.

Can you please clarify one more thing for my Son please?

Son was born in India and got Visa in March 2018 (entry clearance and then extension - both )

And, he is here in UK from March 2018 - just completed 2.75 years only - how can he apply for ILR (with Mother) please?

Thanks for your time

[vinny]

Both children may apply for ILR with mother, subject to 319J.

[balajidev]

Thanks Moderators for your replies.

I shall keep this forum posted on the updates


Thanks again.

[balajidev]

Greetings

One last question - The continuous period (180 days) is applicable for any consecutive 12 months - correct?

Unfortunately, my wife and Son been to India in Jan this year and they were unable to return to UK until end of July - which equates to 7 months in today continuously.

Will UKVI consider this as the absence as valid absence during Covid 19 situation? Any guidance (exemption) available from UK HOme Office on this please?



Thanks for your time on this.

[CR001]

Please decide which username you want to keep. It is unfair to members who are all unpaid, that there are two users posting the same questions.

Multiple usernames are also not permitted on the forum at all!!

member/lobal85/

[balajidev]

Please accept our apologies - My wife has created an ID yesterday and she posted this question
I thought there are different group of Moderators as I noticed that my questions are answered by a different person and my wife's question was answered by a different moderator.

So posted this in my group of moderators.

Thanks again and sorry for any confusions.

[CR001]

We all see the same posts and are all unpaid volunteers. It is our choice who and what queries we reply to!!