Family dependant in ILR

[basha87]

Hi there,

Apologies for the long message..

I have completed 7 years of stay in uk and currently in skilled worker visa and will be eligible for settlement in another 3 years as part of 10 year route. My wife and son are in dependent visa and now they have gone back to my home country due to some medical requirement and may stay longer than 180 days. I understand this would break the mandatory 5 years for dependents to become eligible for settlement and reset it to 0.

So when I apply ILR after 3 years, what type of visa would I need to apply for them to make them stay with me once they return back after a year or so?.
Similarly Incase if they don’t return back until my ILR gets successful and say their current visa expires by that time then what type of dependent visa I need to apply as I did not hear anything like ILR dependant?
Also once I obtain my ILR i would like to take a long break (less than 2 years) to visit my country as part of the same medical requirement. Hope my ILR would still be valid and I’m allowed to enter legally?
If so, can I apply for citizenship after living continuously for a year since I enter?

[Ticktack]

Hi there,

Apologies for the long message..

I have completed 7 years of stay in uk and currently in skilled worker visa and will be eligible for settlement in another 3 years as part of 10 year route. My wife and son are in dependent visa and now they have gone back to my home country due to some medical requirement and may stay longer than 180 days. I understand this would break the mandatory 5 years for dependents to become eligible for settlement and reset it to 0. Correct

So when I apply ILR after 3 years, what type of visa would I need to apply for them to make them stay with me once they return back after a year or so?. If their visas haven't expired before your ILR, you continue on the dependant visa as before.
Similarly Incase if they don’t return back until my ILR gets successful and say their current visa expires by that time then what type of dependent visa I need to apply as I did not hear anything like ILR dependant? Dependants of a settled person form M
Also once I obtain my ILR i would like to take a long break (less than 2 years) to visit my country as part of the same medical requirement. Hope my ILR would still be valid and I’m allowed to enter legally? That's what the rule says.
If so, can I apply for citizenship after living continuously for a year since I enter? Nope as you might not meet the residency requirements.

[basha87]

Many thanks for your information. Much appreciated..
Just one query..

If so, can I apply for citizenship after living continuously for a year since I enter? Nope as you might not meet the residency requirements.

You mentioned I do not meet residency requirements.. is it because I would be outside of UK for more than 450 days?.

[CR001]

You mentioned I do not meet residency requirements.. is it because I would be outside of UK for more than 450 days?.

Yes.

[secret.simon]

Many thanks for your information. Much appreciated..
Just one query..

If so, can I apply for citizenship after living continuously for a year since I enter? Nope as you might not meet the residency requirements.

You mentioned I do not meet residency requirements.. is it because I would be outside of UK for more than 450 days?.

There are three different residence requirements that you need to meet in order to apply for naturalisation.
(a) No more than 450 days outside the UK in the five year period immediately preceding the date of application.
(b) Being physically present in the UK at the start of the five year period immediately preceding the date of application (so, if you were to apply today, you'd need to have been in the UK on 14th June 2019).
(c) No more than 90 days outside the UK in the year immediately preceding the date of application.

So, if you were away from the UK for just under two years after getting ILR, you'd fail at least two of the requirements above. You'd need to have at least a full year without any absences whatsoever after returning to the UK to be able to apply for naturalisation.

Keep in mind that naturalisation is not a part of the immigration pathway, which ends at ILR. Naturalisation has its own separate requirements, laws and rules.