Period of absence for dependents of settled person (tier 2 gen)

[nirmayvathsa]

Hello,

I obtained ILR after completing 5 years of stay on Tier 2 general visa in August 2017. My wife and son (who is now 18+ and major) are on dependents visa and their visas expire on 18/4/2018. I am planning to apply for their visas. They got dependents visas on 22/4/2013

My wife and son were both outside UK for the most of the period of last 5 years due to work (wife) and education (son). They were in the UK only for a few weeks in every 12 months period of last 5 years and their absences from the UK were more than 180 days in each year.

Now, my questions are:

1. Will they be eligible to apply for ILR as dependents with absences of more than 180 days every year?,

2. According to new rule, for dependents , absences of more than 180 days before 1st, january 2018 are disregarded, does that mean my wife and son can apply for ILR even though they were absent from UK for more than 180 days every year between 22nd April 2013 and January 11, 2018?

2. If they are ineligible to apply for ILR , What visa category they need to apply for ? is it A. Family route 5 years dependent visa for spouse and children? B. or any other category?

3. If they need to apply for visa through family route 5 years dependent visa, will they get ILR at the end of 5 years even if they are going to be absent again for more than 180 days in a year.? Because, my son is now studying in university in USA and he can not be in the uk continuously for 180 days even if he gets dependants visa through family route.

Please help me with the correct advice!

Thanks
nirmayvathsa
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Why have you posted the same question again when you are already being given advice in your original thread? Please continue there.
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