PBS dependant first entry prior to April 2012 - When will be elgible for ILR after switching to FLR M

[Rud]

Dear Advisor,

I would like to check the ILR elgibility for my spouse, living in UK as PBS dependant.

As a main applicant , I'm having tier 2 ict visa from May 2010 to April 2021. I will be applying my ILR vi SET LR route by April 2021.

Spouse continous stay in UK (PBS Dependant visa May 2010 to Till date]
May 2010 to April 2014 - 2 years [No gaps in visa renewel, but leaves exeeding 180 days]

April 2014 to March 2015 - 1 year [Visa was not renewed for period of 1 year while staying in abroad]

April 2015 to April 2021 - 6 year [Visa was reneweed on time , continously living in uk with no leaves]

I knew my spouse had to apply for FLR (M) at the sametime when i apply for ILR via SET LR route,

The query i have is

1) whether any period stayed in UK as PBS dependant can be taken into account while calculating 5 year period in FLR (M) ?

2) Is there any difference in rules if the first PBS dependant visa was issued prior to April 2012 ?

3) when the spouse will be elgible to apply for ILR ?

[vinny]

Wife's continuous leave under Long residence was broken, if she was absent continuously for over six months outside the UK.

1. No.
2. No, as you are applying for ILR under Long residence.
3. Probably around April 2025, under Long residence?

It's safer if she applies for FLR(M) after you are granted ILR and before her leave expires.

[Rud]

Thank you for your reply.

I would like to check about my child dependant’s eligibility for ilr , child born abroad and has the same travel history and visa renewals like the spouse dependant ?

[CR001]

Child must apply for FLR m with your spouse and will only qualify for ilr when your spouse does.

[Rud]

Thank you for clarification
incase due to family circumstances my spouse have travel back to abroad for a period longer than 180 days , what will be state of visa for my child , Is child allowed to continue in flr M in Uk until eligible for ilr ?

[CR001]

Child will qualify to apply for FLR m only if the mother does.

FLR m has NO absence limits.

Again, child will only qualify for ilr when the mother does.

[Rud]

Thank you for your advise.
Having said there will be No absence limit
Does it mean the spouse and child once obtain FLR M it doesn’t matter where they live Uk or abroad still they become eligible for ilr after 5 years ? Is this understanding correct ?

[CR001]

Ilr requires UK residence. You cannot expect to get ilr for dependents who live outside the UK for the whole 5 years. FLR M is also 2 X 2.5 years visas and not one 5 year visa. Residence evidence is also required for the second FLR m extension.

[Rud]

Hello ,

Is there any possibility to obtain ilr for a child when one parent might have to stay abroad for 2 to 3 years after flr m due to family circumstances and another parent has ilr and stays in Uk. The child has already spend 6 continues years in Uk as pbs dependant and one parent gets ilr via set lr.

[CR001]

Child will qualify for ilr when the other parents does.

Both child and other parent have to switch to FLR m 2.5 year visa.

[vinny]

After switching, see also absence guildance.

There may be a loophole, if child was normally living with a settled parent in the UK and not with the other parent who was outside the UK.